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september 2013

Supreme Court of India · 2013-09-16

GURUDWARA SAHIB vs GRAM PANCHAYAT VILLAGE SIRTHALA

Citation / case number
SC 2012/2542
Court
Supreme Court of India
Petitioner
GURUDWARA SAHIB
Respondent
GRAM PANCHAYAT VILLAGE SIRTHALA
Author
A.K.SIKRI
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court held that a suit for declaration of ownership based on adverse possession is not maintainable, as adverse possession can only be used as a defense and not as a basis for a claim. The Court affirmed the lower courts' decisions that denied the appellant's request for a declaration of ownership while upholding the injunction against dispossession. The ruling clarified that the appellant's established possession since 1952 does not translate into a right to seek ownership through a suit, aligning with the precedent set in Gurudwara Sahib Sannuali vs. State of Punjab.

GURUDWARA SAHIB vs GRAM PANCHAYAT VILLAGE SIRTHALA · Niyam