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.