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october 2003

Supreme Court of India · 2003-10-07

Md. Mohammad Ali (Dead) By Lrs vs Sri Jagadish Kalita & Ors

Citation / case number
AIR 2004 SUPREME COURT 342
Court
Supreme Court of India
Petitioner
Md. Mohammad Ali (Dead) By Lrs
Respondent
Sri Jagadish Kalita & Ors
Author
S.B. Sinha
Bench
Ashok Bhan, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's suit for declaration of title and recovery of possession, emphasizing that the plea of adverse possession was validly raised by the respondents. The Court noted that the appellant's failure to secure mutation of his name in municipal records undermined his claim. The judgment clarified that mere possession without legal title does not confer rights, thereby reinforcing the principle that adverse possession requires continuous and uninterrupted possession for a statutory period under the Limitation Act, 1963, specifically Section 27.

Md. Mohammad Ali (Dead) By Lrs vs Sri Jagadish Kalita & Ors · Niyam