Supreme Court · 2023 INSC 95 · Decided 2 February 2023

Baini Prasad (D) THR. LRS. v. Durga Devi

Court
Supreme Court of India
Citation
2023 INSC 95 · [2023] 3 S.C.R. 282
Case number
CIVIL APPEAL No. 6182/2009
Decided
2 February 2023
Bench
BHUSHAN RAMKRISHNA GAVAI, C.T. RAVIKUMAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act Section 115; Transfer of Property Act Section 51

Headnote

Transfer of Property Act, 1882 : s. 51 - Protection under - Suit by the respondent for possession of the land by demolition of the structure put on by the appellant and for permanent prohibitory injunction restraining the appellant from interfering - Appellant's case that two years ago he had carried out construction of the verandah in the land as part of his residential house bonfidely believing it to be his own land - Suit decreed in favour of the respondent - However, the first appellate court held that the

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