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may 2009

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.

Bonder & Anr vs Hem Singh(Dead)Byl.Rs.& Ors · Niyam