ACHAL REDDI versus RAMAKRISHNA REDDIAR AND ORS.

ACHAL REDDI versus RAMAKRISHNA REDDIAR AND ORS.

Possession by a purchaser under an executory contract of sale is permissive and does not constitute adverse possession in law, therefore the plaintiff can succeed in establishing possession within twelve years prior to the suit.

Parties
Appellant: Achal Reddi; Respondent: Ramakrishna Reddiar and Ors.
Jurisdiction
India
Judgment Date
17 November 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave Before Supreme Court
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Executory Contract of Sale, Specific Performance
Property Law Limitation Law Adverse Possession Executory Contract of Sale Specific Performance

Case Brief

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Parties

Achal Reddi

Appellant

Ramakrishna Reddiar and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Before Supreme Court

Legal Issues

  1. 1 Whether possession by a purchaser under an executory contract of sale can be considered adverse for the purpose of Limitation Act, 1963
  2. 2 Whether the character of possession between 10.7.1946 and 17.7.1947 was adverse or permissive

Ratio Decidendi

Possession by a purchaser under an executory contract of sale is permissive and does not constitute adverse possession in law, therefore the plaintiff can succeed in establishing possession within twelve years prior to the suit.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Letters Patent Bench judgment of the High Court confirmed