Supreme Court · 2000 INSC 396 · Decided 10 August 2000
Marwari Kumhar and ORS. v. Bhagwanpuri Guru Ganeshpuri and ANR.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 396 · [2000] SUPP. 2 S.C.R. 368
- Case number
- CIVIL APPEAL No. 2937/1989
- Decided
- 10 August 2000
- Bench
- V.N. KHARE, S.N. VARIAVA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 65
Headnote
Evidence Act, (872-Section 65(c), (f)-Secondary evidence-In case of public documents which is lost or destroyed-Whether admissible in evi­ dence-Held, Yes. Civil Procedure Code, 1908-Suit for declaration-Between appellants and respondents becoming .final-Subsequent suit for possession by pleading that title became adverse after the decree in declaration suit-Suit decreed by trial Court-Appeal allowed by Appellate Court-Second appeal by appellant dis­ missed-Whether respondents can claim adverse possession-Held, no. The Appellants, belonging to the Marwari Kumhar
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