Supreme Court · 2003 INSC 527 · Decided 7 October 2003
MD. Mohammad Ali (Dead) BY LRS. v. Sri Jagadish Kalita and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 527 · [2003] SUPP. 4 S.C.R. 325
- Case number
- CIVIL APPEAL No. 12450/1996
- Decided
- 7 October 2003
- Bench
- ASHOK BHAN, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Adverse possession-Ouster by co-sharer-Plea of -Held, long and continuous possession by itself would not constitute adverse possession­ Possession of a property belonging to several ~a-sharers by one co-sharer, shall be deemed that he possesses the property on behalf of other co- C sharers, becomes a constructive trustee of other co­ sharers. Code of Civil Procedure, 1908-Section JOO-Substantial questions D of law-Non formulation of-Certain aspects requiring closer examination by High Court-Matter remitted back for fresh consideration. The original owner transferred the
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