Supreme Court of India · 2007-09-24
BAKHTIYAR HUSSAIN(DEAD)THROUGH LRS. vs HAFIZ KHAN
- Citation / case number
- SC 1999/14570
- Court
- Supreme Court of India
- Petitioner
- BAKHTIYAR HUSSAIN(DEAD)THROUGH LRS.
- Respondent
- HAFIZ KHAN
- Author
- ARIJIT PASAYAT
- Bench
- D.K. JAIN DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed the issue of adverse possession under Section 28 of the Limitation Act and Section 168 of the M.P. Land Revenue Code. The Court held that the defendants failed to prove their claim of adverse possession as they were in permissible possession with the plaintiff's consent. The High Court's conclusion that the defendants had acquired occupancy rights was found to be erroneous, leading to the reversal of the High Court's judgment and restoration of the trial court's decree in favor of the plaintiff.