VidhiSangh

Supreme Court of India · 03/01/2024

MARY PUSHPAM versus TELVI CURUSUMARY & ORS.

[2024] 1 S.C.R. 11 · 2024 INSC 8

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Summary

The Supreme Court restored the plaintiff’s decree covering the entire eight cents of disputed land. An earlier final High Court judgment had recognised her adverse-possession title over that property; the courts in the later proceedings could not restrict it to the building alone by reinterpreting that judgment contrary to its clear terms.

Issues

  1. Whether the earlier final High Court judgment covered the entire eight cents or only the constructed portion.
  2. Whether the later trial court and coordinate High Court Bench could depart from that judgment in light of merger and judicial discipline.

Held

Result

Appeal allowed. The High Court’s judgment dated 21 July 2009 was set aside and the first appellate decree dated 13 October 2003 granting relief over the entire suit property was restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 11.