Supreme Court of India · 2007-10-31
Girja Kumar & Ors vs State Of Himachal Pradesh & Anr
- Citation / case number
- AIR 2008 SUPREME COURT 491
- Court
- Supreme Court of India
- Petitioner
- Girja Kumar & Ors
- Respondent
- State Of Himachal Pradesh & Anr
- Author
- P. Sathasivam
- Bench
- Tarun Chatterjee, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the plaintiffs' suit for declaration of title based on adverse possession was barred by limitation as per Section 163 of the H.P. Land Revenue Act, 1953, since the order of ejectment was passed on 2.4.1970 and the suit was filed only on 23.2.1989, nearly 19 years later. The Court found that the High Court was justified in dismissing the suit without considering the second question of adverse possession, as the limitation issue was determinative. The appeal was dismissed, affirming the High Court's ruling.