Supreme Court · 1971 INSC 45 · Decided 4 February 1971
Prokash Chandra Mukherjee & ORS. v. Saradindu Kumar Mukherjee & ORS.
- Court
- Supreme Court of India
- Citation
- 1971 INSC 45 · [1971] 3 S.C.R. 666
- Case number
- CIVIL APPEAL No. 2394/1966
- Decided
- 4 February 1971
- Bench
- G.K. MITTER, A.N. RAY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 144
Headnote
Defence of India Act, 1939 and Rules, r. 15-A-Requisition and posses­ sion h.v Government-Period, whether could be tacked for purposes of Umitation by person to whom possession was restored. P/eadings-pr•yer for possession-When can be inferred. The plaintiff became a co-sharer with the by members of the defendants' family. The property was in the occupation of military autho­ rities by requisition under the Defence of India Act, 1939, and the Rules made thereunder, for four years from 1942 to 1946. .The defendants were in exclusive possession thereafter from 1946 to
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