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april 2004

Supreme Court of India · 2004-04-20

Mahadeva & Ors vs Tanabai

Citation / case number
AIR 2004 SUPREME COURT 3854
Court
Supreme Court of India
Petitioner
Mahadeva & Ors
Respondent
Tanabai
Author
R.C. Lahoti
Bench
R.C. Lahoti, Ashok Bhan

Judgment text excerpt

The Supreme Court addressed the applicability of Section 53-A of the Transfer of Property Act in the context of a dispute over agricultural land ownership. The Court held that the defendants, who claimed possession under an agreement to sell, could not invoke Section 53-A as their title by adverse possession was rejected. Consequently, the Court upheld the High Court's decision to decree the plaintiff's suit for possession, emphasizing that mere possession without enforcement of the sale agreement does not confer legal rights under the Act.

Mahadeva & Ors vs Tanabai · Niyam