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april 2009

Supreme Court of India · 2009-04-21

L.N. ASWATHAMA vs P. PRAKASH

Citation / case number
SC 2007/13002
Court
Supreme Court of India
Petitioner
L.N. ASWATHAMA
Respondent
P. PRAKASH

Judgment text excerpt

The Supreme Court held that the plaintiffs, who inherited the property through their father, established their title to the suit property, as per the sale deeds dated 23.9.1940 and 21.4.1950. The Court emphasized that the defendant failed to prove his claim of adverse possession under the Limitation Act, specifically noting that the plaintiffs were unaware of their title until they cleared the loan in 1984. The Court reversed the High Court's decision, reinstating the trial court's decree in favor of the plaintiffs, thereby affirming their ownership and directing the defendant to vacate the property.

L.N. ASWATHAMA vs P. PRAKASH · Niyam