NARASAMMA & ORS. versus A. KRISHNAPPA (DEAD) THROUGH LRS.

NARASAMMA & ORS. versus A. KRISHNAPPA (DEAD) THROUGH LRS.

Concurrent findings of the Trial Court and the High Court that the Agreement of Sale, General Power of Attorney and affidavit relied on by appellants were not proved and showed manipulations, and that appellants failed to establish adverse possession (including failing to specify when possession became hostile or to examine the claimed titleholder), meant appellants could not validly claim title or adverse possession from the same date; appeal dismissed and appellants directed to vacate and hand over possession.

Parties
Appellants: Narasamma & Ors.; Respondent: A. Krishnappa (Dead) through LRs.
Jurisdiction
India
Judgment Date
26 August 2020
Procedural Posture
Civil Appeal / Final Hearing and Judgment by the Supreme Court
Outcome
Appeal dismissed with costs
Legal Topics
Adverse Possession, Title, Possession, Registration of Documents, Limitation
Civil Property Possession Adverse Possession Hindu Undivided Family Title Registration of Documents Limitation

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Parties

Narasamma & Ors.

Appellants

A. Krishnappa (Dead) through LRs.

Respondent

Procedural Posture

Civil Appeal / Final Hearing and Judgment by the Supreme Court

Legal Issues

  1. 1 Whether the agreement of sale, general power of attorney and affidavit were proved and valid
  2. 2 Whether the defendant's wife perfected title by adverse possession
  3. 3 Whether pleas of title and adverse possession can be advanced simultaneously from the same date

Ratio Decidendi

Concurrent findings of the Trial Court and the High Court that the Agreement of Sale, General Power of Attorney and affidavit relied on by appellants were not proved and showed manipulations, and that appellants failed to establish adverse possession (including failing to specify when possession became hostile or to examine the claimed titleholder), meant appellants could not validly claim title or adverse possession from the same date; appeal dismissed and appellants directed to vacate and hand over possession.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Appellants to hand over vacant and peaceful possession of the schedule property on or before 31.12.2020