Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2013

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.

Gurudwara Sahib vs Gram Panchayat Village Sirthala & Anr · Niyam