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.