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september 2007

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.

BAKHTIYAR HUSSAIN(DEAD)THROUGH LRS. vs HAFIZ KHAN · Niyam