Supreme Court · 2004 INSC 151 · Decided 9 March 2004

Vasantiben Prahladji Nayak and ORS. v. Somnath Juijibhai Nayak and ORS.

Court
Supreme Court of India
Citation
2004 INSC 151 · [2004] 2 S.C.R. 918
Case number
CIVIL APPEAL No. 6432/1998
Decided
9 March 2004
Bench
ASHOK BHAN, S.H. KAPADIA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act; Limitation Act Section 65

Headnote

--- Limitation Act, 1963-Section 65 Explanation (a)-Claim of ownership of suit land by appellants after partition-Respondents claiming ownership by c adverse possession and on ground of limitation-Courts below holding in favour of the respondent-Correctness of~Held, the co-sharer is not conferred starts from the date the possession became adverse and not from the date of commencement of the right of ownership. D Appellants-plaintiffs filed a suit before trial court for declaration of title over suit land, recovery of possession thereof and for permanent injunction from interference

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