Supreme Court · 1989 INSC 110 · Decided 30 March 1989

SMT. Chandrakantaben ETC. v. Vadilal Bapalal Modi & OTHERS.

Court
Supreme Court of India
Citation
1989 INSC 110 · [1989] 2 S.C.R. 232
Case number
CIVIL APPEAL No. 410/1973
Decided
30 March 1989
Bench
M.H. KANIA, L.M. SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Evidence Act Section 34, 61an; Contract Act Section 182, 188; Limitation Act Section 65

Headnote

Indian Evidence Act, 1872. Sections 34, 61and114. ~ Books of account-Entries-Proof of-Nobody supporting correctness of entries-Account books liable to be rejected. Title-Proof-Presumption on basis of revenue entry-When arises. Limitation Act, 1963. Article 65-Adverse possession-Proof­ Actual possession of tenants would be of no consequence. Indian Contract Act, 1872. Sections 182 and 188-Joint posses­ sion-Claim by agent-Agent actually collecting rent from tenants- Cannot claim joint possession of property. -,t E Respondent No. 1 in the appeals instituted a suit for partition

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