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april 2009

Supreme Court of India · 2009-04-21

L.N. Aswathama And Anr vs P. Prakash

Court
Supreme Court of India
Petitioner
L.N. Aswathama And Anr
Respondent
P. Prakash
Author
R. V. Raveendran
Bench
Harjit Singh Bedi, R. V. Raveendran

Judgment text excerpt

The Supreme Court upheld the trial court's decree in favor of the appellants, affirming their title to the property under Section 34 of the Specific Relief Act, 1963, and rejecting the respondent's claim of adverse possession. The Court emphasized that mere possession does not confer title, especially when the original title is established. The Court also ruled that the suit was not barred by limitation, as the plaintiffs were unaware of their title until 1984, thus allowing them to seek relief.

L.N. Aswathama And Anr vs P. Prakash · Niyam