Supreme Court of India · 2013-07-08
JHAU LAL vs MOHAN LAL .
- Citation / case number
- SC 2012/27012
- Court
- Supreme Court of India
- Petitioner
- JHAU LAL
- Respondent
- MOHAN LAL .
- Author
- DIPAK MISRA H.L. DATTU
- 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 disposal, thereby setting aside the impugned judgments and orders.