VidhiSangh

Supreme Court of India · 03/01/2024

BRIJ NARAYAN SHUKLA (D) THR. LRS. versus SUDESH KUMAR ALIAS SURESH KUMAR (D) THR. LRS. & ORS.

[2024] 1 S.C.R. 60 · 2024 INSC 9

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Summary

The Supreme Court restored the purchaser’s decree for possession, rejecting the High Court’s view that the defendants had acquired title by adverse possession from 1944. Their earlier possession as tenants was permissive, and the 1975 suit followed the 1966 sale within twelve years. The High Court had improperly disturbed factual findings in second appeal.

Issues

  1. Whether the defendants’ earlier tenancy and rent litigation established adverse possession barring the purchaser’s suit.
  2. Whether the High Court properly interfered with the findings below in second appeal.

Provisions considered

Held

Result

Appeal allowed. The High Court judgment dismissing the suit on limitation was set aside and the first appellate decree for possession maintained. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 60.