BALKRISHAN versus SATYAPRAKASH AND ORS.

BALKRISHAN versus SATYAPRAKASH AND ORS.

The appellant continued in uninterrupted, open, and adverse possession of the suit land in spite of a Tehsildar's order which was not executed; such unbroken possession satisfies all legal requirements for perfecting title by adverse possession.

Parties
Appellant: Balkrishan; Respondents: Satyaprakash and Others
Jurisdiction
India
Judgment Date
22 January 2001
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Decision
Outcome
Appeal allowed
Legal Topics
Adverse Possession, Declaration of Title, Limitation
Land Law Adverse Possession Declaration of Title Limitation

Case Brief

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Parties

Balkrishan

Appellant

Satyaprakash and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Decision

Legal Issues

  1. 1 Whether appellant perfected title to suit land by adverse possession despite order of Tehsildar to deliver possession to the auction purchasers

Ratio Decidendi

The appellant continued in uninterrupted, open, and adverse possession of the suit land in spite of a Tehsildar's order which was not executed; such unbroken possession satisfies all legal requirements for perfecting title by adverse possession.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of High Court set aside
  • Judgment and decree of First Appellate Court (confirming Trial Court) restored