VidhiSangh

Supreme Court of India · 26/10/2017

NARENDRA & ORS. versus AJABRAO S/O NARAYAN KATARE (D) THROUGH LRS.

[2017] 11 S.C.R. 746 · 2017 INSC 1055

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Summary

Purchasers sought possession of two rooms occupied by a relative who asserted adverse possession based on40years’ residence. The Court held that the plea lacked the necessary particulars and proof of hostile ownership and that the occupation was permissive. It reversed the High Court’s factual reassessment in second appeal and restored the first appellate decree.

Issues

  1. Whether long occupation established adverse possession without particulars of hostile assertion.
  2. Whether the High Court could reverse the first appellate factual findings through reappreciation in second appeal.

Held

Result

Appeals allowed; High Court orders set aside and first appellate decree granting the purchasers’ suit, including possession and its monetary relief, restored.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 746.