Supreme Court · 2009 INSC 35 · Decided 16 January 2009
Bhagwan Sarup Nagar (D) BY LRS v. Ram Kishan
- Court
- Supreme Court of India
- Citation
- 2009 INSC 35 · [2009] 1 S.C.R. 331
- Case number
- CIVIL APPEAL No. 258/2009
- Decided
- 16 January 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
• Code of Civil Procedure, 1908- $. 100- Second appeal - Case of plaintiff-owner that defendant-licensee not vacating c property despite revocation of licence - Suit for injunction, possession of property and mesne profits by plaintiff - Plea of adverse possession by defendant - Dismissal of holding that plaintiff as owner of property - Suit decreed in favour of plaintiff by first appellate court - Second D appeal - Allowed by High Court holding that plaintiff failed to prove his ownership - On appeal held: Conclusions of High Court erroneous - It proceeded as if first appellate court
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