Supreme Court of India · 2009-04-27
Pragya Chandrakar & Ors vs State Of Chhattisgarh & Ors
- Court
- Supreme Court of India
- Petitioner
- Pragya Chandrakar & Ors
- Respondent
- State Of Chhattisgarh & Ors
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the second appeal under Section 100 of the Code of Civil Procedure, 1908, on the grounds of lack of plea for adverse possession, as the plaint contained sufficient averments indicating continuous and peaceful possession for over 60 years. The Court set aside the High Court's judgment and remitted the matter for fresh consideration, emphasizing the need to properly assess the claims of adverse possession. The appeal was allowed without costs.