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july 2013

Supreme Court of India · 2013-07-08

Jhau Lal & Anr vs Mohan Lal & Ors

Citation / case number
AIRONLINE 2013 SC 498
Court
Supreme Court of India
Petitioner
Jhau Lal & Anr
Respondent
Mohan Lal & Ors
Bench
Dipak Misra, H.L. Dattu

Judgment text excerpt

The Supreme Court held that the High Court of Punjab and Haryana erred in declaring the suit for declaration of permanent injunction based on adverse possession as not maintainable. The Court emphasized that the High Court should have focused on the grounds for dismissal by the Trial Court under Section 35-B of the Code of Civil Procedure, 1908, which pertained to non-payment of costs. Consequently, the Supreme Court remanded the matter back to the High Court for fresh consideration in accordance with law.

Jhau Lal & Anr vs Mohan Lal & Ors · Niyam