Supreme Court of India · 2007-09-24
Bakhtiyar Hussain (Dead) Thr. Lrs vs Hafiz Khan And Ors
- Citation / case number
- AIR 2007 SC (SUPP) 947
- Court
- Supreme Court of India
- Petitioner
- Bakhtiyar Hussain (Dead) Thr. Lrs
- Respondent
- Hafiz Khan And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, D.K. Jain
Judgment text excerpt
The Supreme Court addressed the issue of adverse possession under Section 168 of the M.P. Land Revenue Code, determining that the defendants did not acquire Bhumiswami rights as their possession was not adverse but permissive. The Court held that the High Court's conclusion regarding the defendants' rights was flawed since the primary issue of adverse possession was not adequately addressed. Consequently, the appeal was allowed, and the High Court's decision was set aside, reaffirming the trial court's ruling in favor of the plaintiff.