KRISHNAMURTHY S. SETLUR DEAD BY LRS. versus O.V. NARASIMHA SETTY & ORS.

KRISHNAMURTHY S. SETLUR DEAD BY LRS. versus O.V. NARASIMHA SETTY & ORS.

The High Court committed serious errors in the impugned judgment, failing to deal with the plea of adverse possession as required by an appellate court; therefore, the matter is remitted back for de novo decision.

Source-derived case information.

Parties
Appellant: Krishnamurthy S. Setlur (Dead) by LRs.; Respondent: O.V. Narasimha Setty & Ors.
Jurisdiction
India
Judgment Date
23 February 2007
Procedural Posture
Civil Appeal / Appeal From Judgment and Final Order of Karnataka High Court in RFA No. 672/96 Dated 22.3.1999
Outcome
Appeal allowed; impugned High Court judgment set aside; case remitted to High Court for de novo decision.
Legal Topics
Adverse Possession, Declaration of Title, Permanent Injunction
Property Law Civil Procedure Limitation Law Adverse Possession Declaration of Title Permanent Injunction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Krishnamurthy S. Setlur (Dead) by LRs.

Appellant

O.V. Narasimha Setty & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Final Order of Karnataka High Court in RFA No. 672/96 Dated 22.3.1999

Legal Issues

  1. 1 Whether possessory title vested in the appellant can be reopened
  2. 2 Whether High Court judgment dated 14.8.1981 in RSA No. 545/73 is binding on respondents
  3. 3 Whether tenant's possession can be treated as owner's possession for adverse possession under Article 64 of Limitation Act, 1963

Ratio Decidendi

The High Court committed serious errors in the impugned judgment, failing to deal with the plea of adverse possession as required by an appellate court; therefore, the matter is remitted back for de novo decision.

Court Disposition

Appeal allowed; impugned High Court judgment set aside; case remitted to High Court for de novo decision.

Orders

  • High Court to decide RFA No. 672/96 de novo in accordance with law.
  • High Court requested to dispose of the appeal expeditiously, preferably within three months from receipt of this judgment.