PARWATBAI versus SONABAI AND ORS.

PARWATBAI versus SONABAI AND ORS.

Where plaintiffs assert title on the basis of succession to the estate of their father, it is for the appellant to prove the date from which the possession became adverse to the respondents' title. As the suit was filed within 10 years after the widow's death and appellant failed to establish the starting date of adverse possession, title by prescription was not perfected. Article 65 applies and the respondents are entitled to possession.

Parties
Appellant: Parwatabai; Respondents: Sonabai and Ors.
Jurisdiction
India
Judgment Date
12 August 1996
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Succession, Estate of Widow, Limitation for Suits for Possession
Property Law Limitation Adverse Possession Succession Estate of Widow Limitation for Suits for Possession

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Parwatabai

Appellant

Sonabai and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether Article 64 or Article 65 of Limitation Act, 1963 applies to the suit for possession based on title.
  2. 2 Whether the appellant perfected title by prescription due to adverse possession.

Ratio Decidendi

Where plaintiffs assert title on the basis of succession to the estate of their father, it is for the appellant to prove the date from which the possession became adverse to the respondents' title. As the suit was filed within 10 years after the widow's death and appellant failed to establish the starting date of adverse possession, title by prescription was not perfected. Article 65 applies and the respondents are entitled to possession.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs