Supreme Court of India · 2009-05-15
Bonder & Anr vs Hem Singh(Dead)Byl.Rs.& Ors
- Citation / case number
- AIRONLINE 2009 SC 381
- Court
- Supreme Court of India
- Petitioner
- Bonder & Anr
- Respondent
- Hem Singh(Dead)Byl.Rs.& Ors
- Author
- Dalveer Bhandari
- Bench
- Mukundakam Sharma, Dalveer Bhandari
Judgment text excerpt
The Supreme Court upheld the decree of the lower courts in favor of the plaintiff Sukhram, establishing that he had not abandoned his share of the property but had entrusted it to his brother Jagannath for safekeeping. The Court clarified that the principles of adverse possession do not apply as Sukhram's absence was not indicative of an intention to permanently relinquish his rights. The Court reiterated that the plaintiff is entitled to possession and mesne profits, rejecting the defendant's claims of ouster and adverse possession under Section 27 of the Limitation Act, 1963.