Supreme Court of India · 2013-09-16
Gurudwara Sahib vs Gram Panchayat Village Sirthala & Anr
- Court
- Supreme Court of India
- Petitioner
- Gurudwara Sahib
- Respondent
- Gram Panchayat Village Sirthala & Anr
- Author
- A.K.Sikri
- Bench
- A.K.Sikri, K.S.Radhakrishnan
Judgment text excerpt
The Supreme Court held that a plaintiff cannot seek a declaration of ownership based on adverse possession, as adverse possession serves only as a defense and not a basis for a claim. The Court affirmed the lower courts' findings that the appellant had established adverse possession since 13.4.1952 but denied the request for a declaration of ownership. The Court upheld the injunction granted to the appellant against dispossession by the Gram Panchayat, emphasizing that the relief of declaration was not maintainable under the law.