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november 2003

Supreme Court of India · 2003-11-21

Amrendra Pratap Singh vs Tej Bahadur Prajapati & Ors

Citation / case number
AIR 2004 SUPREME COURT 3782
Court
Supreme Court of India
Petitioner
Amrendra Pratap Singh
Respondent
Tej Bahadur Prajapati & Ors
Author
R.C. Lahoti
Bench
R.C. Lahoti, Ashok Bhan

Judgment text excerpt

The Supreme Court examined the issue of adverse possession under Section 27 of the Limitation Act, 1963, determining that mere possession does not equate to ownership unless it is continuous, open, and without consent of the true owner for the statutory period. The Court held that the High Court erred in recognizing the defendant's claim of adverse possession, as the plaintiff had established his title and the defendant's possession was not adverse. Consequently, the Supreme Court restored the Trial Court's decree in favor of the plaintiff-appellant, granting him possession of the disputed land.

Amrendra Pratap Singh vs Tej Bahadur Prajapati & Ors · Niyam