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november 2003

Supreme Court of India · 2003-11-21

DR. AMRENDRA PRATAP SINGH DEO vs TEJ BAHADUR PRAJAPATI .

Citation / case number
SC 1994/19654
Court
Supreme Court of India
Petitioner
DR. AMRENDRA PRATAP SINGH DEO
Respondent
TEJ BAHADUR PRAJAPATI .
Author
R.C. Lahoti
Bench
ASHOK BHAN. R.C. LAHOTI

Judgment text excerpt

The Supreme Court examined the issue of adverse possession under the Limitation Act, 1963, specifically Section 27, which outlines the extinguishment of title by adverse possession after 12 years. The Court held that the High Court erred in recognizing the defendant's claim of adverse possession despite the plaintiff's established title, emphasizing that mere possession does not equate to adverse possession unless it is continuous, open, and without the consent of the true owner. The Supreme Court reversed the High Court's decision, restoring the Trial Court's decree in favor of the plaintiff-appellant.

DR. AMRENDRA PRATAP SINGH DEO vs TEJ BAHADUR PRAJAPATI . · Niyam