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august 2003

Supreme Court of India · 2003-08-26

DEVA (DEAD) THR.LRS. vs SAJJAN KUMAR(DEAD) BY LRS.

Citation / case number
SC 1996/77515
Court
Supreme Court of India
Petitioner
DEVA (DEAD) THR.LRS.
Respondent
SAJJAN KUMAR(DEAD) BY LRS.
Bench
SHIVARAJ V. PATIL & D.M. DHARMADHIKARI.

Judgment text excerpt

The Supreme Court upheld the High Court's decision to reverse the trial court's dismissal of the plaintiff's suit for possession of land under Section 100 of the Code of Civil Procedure. The Court found that the defendant's admission negated his claim of adverse possession, as he acknowledged knowledge of the encroachment only after the suit was filed. The Court affirmed that the High Court acted within its jurisdiction to correct the lower courts' oversight regarding this crucial evidence, thus allowing the plaintiff's claim for possession.

DEVA (DEAD) THR.LRS. vs SAJJAN KUMAR(DEAD) BY LRS. · Niyam