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september 2018

Supreme Court of India · 2018-09-18

Venugopal Padayachi vs V. Pichaikaran(Dead) Through Lrs.

Citation / case number
AIRONLINE 2018 SC 246
Court
Supreme Court of India
Petitioner
Venugopal Padayachi
Respondent
V. Pichaikaran(Dead) Through Lrs.
Author
Uday Umesh Lalit
Bench
Sanjay Kishan Kaul, Uday Umesh Lalit

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing the appeal for redemption of mortgage based on the finding that the defendant's possession was based on 'some understanding' rather than the unregistered document dated 12.11.1960. The Court emphasized that the original plaintiff's mortgage deed dated 20.03.1959 was valid, and the defendant's claim of adverse possession was not substantiated as the document was unregistered and could not convey title. The Court reinstated the trial court's dismissal of the suit, affirming that the defendant had not perfected title by adverse possession under Section 27 of the Limitation Act, 1963.

Venugopal Padayachi vs V. Pichaikaran(Dead) Through Lrs. · Niyam