MST. KIRPAL KAUR versus BACHAN SINGH AND OTHERS

MST. KIRPAL KAUR versus BACHAN SINGH AND OTHERS

Harnam Kaur’s possession of the lands since 1920, adverse to the collaterals, was uninterrupted and unfriendly, and as no special custom was pleaded or proved by the collaterals, her possession resulted in acquisition of absolute title by adverse possession; the unregistered 1932 agreement was inadmissible under Section 49 of the Registration Act to alter the nature of her possession.

Parties
Appellant: Mst. Kirpal Kaur; Respondents: Bachan Singh and others
Jurisdiction
India
Judgment Date
15 November 1957
Procedural Posture
Civil Appeal / Supreme Court (final Appellate Stage)
Outcome
appeal allowed
Legal Topics
Adverse Possession, Hindu Law, Customary Law, Registration of Documents
Property Law Adverse Possession Hindu Law Customary Law Registration of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Mst. Kirpal Kaur

Appellant

Bachan Singh and others

Respondents

Procedural Posture

Civil Appeal / Supreme Court (final Appellate Stage)

Legal Issues

  1. 1 Whether title to certain lands was acquired by adverse possession
  2. 2 Whether an unregistered agreement is admissible to prove nature of possession

Ratio Decidendi

Harnam Kaur’s possession of the lands since 1920, adverse to the collaterals, was uninterrupted and unfriendly, and as no special custom was pleaded or proved by the collaterals, her possession resulted in acquisition of absolute title by adverse possession; the unregistered 1932 agreement was inadmissible under Section 49 of the Registration Act to alter the nature of her possession.

Court Disposition

appeal allowed

Orders

  • Appeal allowed with costs throughout.
  • Respondents’ suit dismissed.