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november 2005

Supreme Court of India · 2005-11-10

HARBANS vs OM PRAKASH

Citation / case number
SC 1998/15277
Court
Supreme Court of India
Petitioner
HARBANS
Respondent
OM PRAKASH
Author
ARIJIT PASAYAT
Bench
C.K. THAKKER ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's second appeal under Section 100 of the Code of Civil Procedure, 1908, affirming that the plaintiff's claim of ownership by adverse possession was not substantiated. The Court emphasized that the plaintiff's contradictory claims regarding ownership and possession undermined his case, and the absence of necessary parties rendered the suit untenable. The ruling clarified the importance of maintaining consistency in claims and the necessity of including all relevant parties in property disputes.

HARBANS vs OM PRAKASH · Niyam