M/S EUREKA BUILDERS & ORS. versus GULABCHAND S/O VELJEE DAND SINCE DECEASED BY L.RS. & ORS. ETC. ETC.

M/S EUREKA BUILDERS & ORS. versus GULABCHAND S/O VELJEE DAND SINCE DECEASED BY L.RS. & ORS. ETC. ETC.

Appellants failed to establish any subsisting right, title, or interest in the suit land through the original holders, as such rights had been legally extinguished by limitation and by court decrees recognizing the respondents' title and possession; thus, no locus to claim the property survived for the appellants.

Parties
Appellant: M/S Eureka Builders & Ors.; Respondent: Gulabchand S/o Veljee Dand (since deceased) by L.Rs. & Ors. etc. etc.
Jurisdiction
India
Judgment Date
03 May 2018
Procedural Posture
Civil Appeal / Final Judgment on Appeal From the High Court
Outcome
Appeals dismissed.
Legal Topics
Extinguishment of Title, Adverse Possession, Limitation Period, Transfer of Property, Re Grant of Property Under Abolition Laws
Property Law Land Law Extinguishment of Title Adverse Possession Limitation Period Transfer of Property Re Grant of Property Under Abolition Laws

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

M/S Eureka Builders & Ors.

Appellant

Gulabchand S/o Veljee Dand (since deceased) by L.Rs. & Ors. etc. etc.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From the High Court

Legal Issues

  1. 1 Whether the appellants derived any rights, title, or interest in the suit land through the original holders.
  2. 2 Effect of re-grant of suit property under the Karnataka Village Abolition Act, 1961, and whether rights stood extinguished by limitation.

Ratio Decidendi

Appellants failed to establish any subsisting right, title, or interest in the suit land through the original holders, as such rights had been legally extinguished by limitation and by court decrees recognizing the respondents' title and possession; thus, no locus to claim the property survived for the appellants.

Court Disposition

Appeals dismissed.

Orders

  • The appeals are dismissed.