Supreme Court · 2007 INSC 169 · Decided 20 February 2007
Des Raj and ORS. v. Bhagat Ram (Dead) BY LRS. and Ors .
- Court
- Supreme Court of India
- Citation
- 2007 INSC 169 · [2007] 2 S.C.R. 892
- Case number
- CIVIL APPEAL No. 5846/2000
- Decided
- 20 February 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 64, 65
Headnote
Limitation Act, 1963-Artic/es 64 and 65-Adverse possession- Determination-Parties being co-sharers-Long and continuous possession C of plaintiff-Plea of adverse possession-Sustainability of-Held: Plaintiff is to prove acquisition of title by adverse possession-Mere assertion of title by itself not acquired title by ousting defendants by declaring hostile title in himself which was to the knowledge of his co-sharers from 1968 onwards-Thus, plaintiff perfected his title by adverse possession and ouster D and is not vitiated in law. Parties were co-owners. Respondents were in possession of
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