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april 2004

Supreme Court of India · 2004-04-20

MAHADEVA vs TANABAI

Citation / case number
SC 1998/2582
Court
Supreme Court of India
Petitioner
MAHADEVA
Respondent
TANABAI
Author
R.C. Lahoti
Bench
R.C. LAHOTI & ASHOK BHAN.

Judgment text excerpt

The Supreme Court held that the defendants could not claim protection under Section 53-A of the Transfer of Property Act as their plea for adverse possession was rejected. The Court emphasized that mere possession without enforcement of the sale agreement does not confer legal rights under Section 53-A. The High Court's decision to decree the plaintiff's suit was upheld, affirming that the defendants' possession was illegal due to their failure to fulfill the conditions of the agreement.

MAHADEVA vs TANABAI · Niyam