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april 2009

Supreme Court of India · 2009-04-27

PRAGYA CHANDRAKAR vs STATE OF CHHATTISGARH .

Citation / case number
SC 2006/6967
Court
Supreme Court of India
Petitioner
PRAGYA CHANDRAKAR
Respondent
STATE OF CHHATTISGARH .
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the High Court erred in concluding that there were no specific pleas of adverse possession in the plaint, as the plaintiff had claimed 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 allegations made in the plaint. The appeal was allowed without any order as to costs, reaffirming the importance of addressing all relevant claims in property disputes under Section 100 of the Code of Civil Procedure, 1908.

PRAGYA CHANDRAKAR vs STATE OF CHHATTISGARH . · Niyam