Supreme Court of India · 2011-07-28
UMERKHAN vs BISMILLABI @ BABULAL SHAIKH .
- Citation / case number
- SC 2010/9123
- Court
- Supreme Court of India
- Petitioner
- UMERKHAN
- Respondent
- BISMILLABI @ BABULAL SHAIKH .
- Author
- R.M. Lodha
- Bench
- AFTAB ALAM,R.M. LODHA, , ,
Judgment text excerpt
The Supreme Court addressed the issue of adverse possession under Section 27 of the Limitation Act, 1963, and the principles of partition under Muhammadan Law. The Court held that the High Court failed to consider the scope of the second appeal as per Section 100 and Section 101 of the Code of Civil Procedure, 1908, and thus restored the trial court's decree granting the plaintiff a 1/4th share in the property. The judgment emphasized that adverse possession must be established with clear evidence, which was not adequately demonstrated by the 1st defendant.