Supreme Court · 1992 INSC 282 · Decided 15 October 1992

Balwant Singh and ORS. v. Gurbachan Singh and ORS.

Court
Supreme Court of India
Citation
1992 INSC 282 · [1992] SUPP. 2 S.C.R. 13
Case number
CIVIL APPEAL No. 2822/1979
Decided
15 October 1992
Bench
KULDIP SINGH, N.M. KASLIWAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 47, 151, 152; Limitation Act Section 137

Headnote

B Limitation Ac~ 1963 : Anicle 137-Excess land beyond terms of decree--ln execution proceed- ings by mistake recorded by way of symbolical possession-Application for C rectifying mistake and restitution-Date of commencement of limitation. ' In execution of a decree for pre-emption obtained by the According to the decree, the respondent was only entitled to actual posses­ sion, and so far as the delivery of symbolic possession was concerned, it D was beyond the terms of the decree. The father of the appellants having come to know about the aforesaid mistake, filed a suit for

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