NEELAM GUPTA & ORS. versus RAJENDRA KUMAR GUPTA & ANR.

NEELAM GUPTA & ORS. versus RAJENDRA KUMAR GUPTA & ANR.

The registered sale deed dated 04.06.1968 conveyed ownership to the plaintiff; the appellants failed to prove adverse possession for the prescriptive period and their evidence showed only permissive possession (adhiyadar), so the suit was not barred by limitation under Article 65 and the High Court correctly decreed recovery of possession for the plaintiff; sale deeds were not void for minority or benami on the facts.

Parties
Appellants: Neelam Gupta & Ors.; Respondents: Rajendra Kumar Gupta & Anr.
Jurisdiction
India
Judgment Date
14 October 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeals dismissed; Contempt petition closed
Legal Topics
Joint Hindu Family Property, Bhumiswami Rights, Animus Possidendi, Permissive Possession, Prescriptive Period, Sale Deed, Status Quo, Execution of Decree
Adverse Possession Limitation Transfer of Property Benami Transactions Contract Law Contempt Joint Hindu Family Property Bhumiswami Rights +6 more

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Parties

Neelam Gupta & Ors.

Appellants

Rajendra Kumar Gupta & Anr.

Respondents

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the impugned High Court judgment should be sustained on undisputed facts
  2. 2 Whether the suit schedule property is Joint Hindu Family property
  3. 3 Whether the plaintiff is the owner of the suit schedule property on the strength of registered sale deed dated 04.06.1968

Ratio Decidendi

The registered sale deed dated 04.06.1968 conveyed ownership to the plaintiff; the appellants failed to prove adverse possession for the prescriptive period and their evidence showed only permissive possession (adhiyadar), so the suit was not barred by limitation under Article 65 and the High Court correctly decreed recovery of possession for the plaintiff; sale deeds were not void for minority or benami on the facts.

Court Disposition

Appeals dismissed; Contempt petition closed

Orders

  • Appeals (Civil Appeal Nos. 3159-3160 of 2019) dismissed
  • Decree of the High Court dated 25.07.2014 confirming recovery of possession for the plaintiff upheld