HARI KRISHNA PATEL AND ANR. versus STATE OF A.P. AND ANR.

HARI KRISHNA PATEL AND ANR. versus STATE OF A.P. AND ANR.

Appellants, having acknowledged Government's title and having been found to be in permissive possession, had not perfected title by prescription, especially as suit was filed within 13 years of the relevant period; no proof of adverse possession sufficient to defeat Government's title.

Parties
Appellant: Hari Krishna Patel; Respondent: State of Andhra Pradesh
Jurisdiction
India
Judgment Date
28 November 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Against Reversal of Decree by High Court
Outcome
Appeal dismissed
Legal Topics
Declaration of Title, Prescription, Adverse Possession, Government Land, Burden of Proof
Property Law Declaration of Title Prescription Adverse Possession Government Land Burden of Proof

Case Brief

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Parties

Hari Krishna Patel

Appellant

State of Andhra Pradesh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave Against Reversal of Decree by High Court

Legal Issues

  1. 1 Whether the appellants have perfected title by prescription against the Government

Ratio Decidendi

Appellants, having acknowledged Government's title and having been found to be in permissive possession, had not perfected title by prescription, especially as suit was filed within 13 years of the relevant period; no proof of adverse possession sufficient to defeat Government's title.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs