Supreme Court · 2009 INSC 589 · Decided 22 April 2009
T.K. Mohammed Abubucker (D) THR. LRS. & ORS. v. P.S.M. Ahamed Abdul Khader & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 589 · [2009] 6 S.C.R. 855
- Case number
- CIVIL APPEAL No. 5455/2002
- Decided
- 22 April 2009
- Bench
- R.V. RAVEENDRAN, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 64, 65
Headnote
Land laws - Suit for title and possession of property - c Allegation of encroachment of property by defendant - Said suit property purchased by original owner, which thereafter by. partition fell to share of vendor who sold. it to plaintiff - Dismissal of suit, by appellate court - Set aside by Letters Patent Bench - Justification of - Held: Not D justified - Title is to be- established by tracing it to a point beyond a minimum of twelve years before the suit - Neither title of plaintiff nor previous possession of plaintiff nor encroachment by defendants
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