VidhiSangh

Supreme Court of India · 14/10/2024

NEELAM GUPTA & ORS. versus RAJENDRA KUMAR GUPTA & ANR.

[2024] 10 S.C.R. 708 · 2024 INSC 769

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Summary

The Supreme Court upheld the High Court's decree for possession in favour of the plaintiff, who held a registered sale deed of 1968. The defendants could not reopen the joint family plea, which the first appellate court had rejected and they had not challenged. A minor can be a transferee of immovable property. The defendants' own application claiming to be lessees showed their possession was permissive, so adverse possession failed, and under Article 65 of the Limitation Act time runs from when possession becomes adverse, not from when the plaintiff acquired title.

Issues

  1. Whether the defendants could contend that the suit land was joint Hindu family property after the first appellate court's contrary finding became final.
  2. Whether the 1963 purchase in the name of a minor and the 1968 sale deed in favour of a minor were void.
  3. Whether the defendants perfected title by adverse possession, and whether the suit was barred by limitation under Article 65 of the Limitation Act, 1963.
  4. Whether the High Court in second appeal could set aside concurrent findings as perverse.

Provisions considered

Held

Result

Civil appeals dismissed with no order as to costs; High Court's decree for recovery of possession affirmed; contempt petition closed, notice to the alleged contemnors discharged, and the plaintiff left to execute the decree in accordance with law.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 708.