Supreme Court of India · 2019-04-26
MALLIKARJUNAIAH vs NANJAIAH .
- Citation / case number
- SC 2008/15014
- Court
- Supreme Court of India
- Petitioner
- MALLIKARJUNAIAH
- Respondent
- NANJAIAH .
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court upheld the findings of the lower courts regarding the title of the suit land under Section 34 of the Specific Relief Act, affirming that the appellant had established ownership over the majority of the property but that the respondents had perfected their title through adverse possession over 1 Gunta of land in Sy. No. 17/3. The Court clarified the principles of adverse possession, emphasizing that continuous and uninterrupted possession for a statutory period is essential for claiming ownership. The appeal was dismissed, maintaining the lower court's decree.