RESHMU AND ORS. versus RAJINDER SINGH AND ORS.

RESHMU AND ORS. versus RAJINDER SINGH AND ORS.

Title under a pre-emption decree accrues from the date of payment of the required amount; no actual possession is necessary where the decree-holder is already in joint possession of undivided property. Dismissal of execution petition is inconsequential as joint possession subsists.

Parties
Appellant: Reshmu and Ors.; Respondent: Rajinder Singh and Ors.
Jurisdiction
India
Judgment Date
16 February 2000
Procedural Posture
Civil Appeal / Appeal From Himachal Pradesh High Court Judgment Dated 8.1.97 in R.s.a. No. 372 of 1988
Outcome
Appeal dismissed
Legal Topics
Pre Emption, Adverse Possession, Joint Ownership, Partition
Civil Procedure Property Law Pre Emption Adverse Possession Joint Ownership Partition

Case Brief

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Parties

Reshmu and Ors.

Appellant

Rajinder Singh and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Himachal Pradesh High Court Judgment Dated 8.1.97 in R.s.a. No. 372 of 1988

Legal Issues

  1. 1 Whether dismissal of execution petition affects the decree-holder's title under a pre-emption decree.
  2. 2 Whether possession is required to be obtained or delivered for the accrual of title under Order 20 Rule 14(1) CPC.
  3. 3 Whether ownership can be presumed in favour of appellants by adverse possession when no plea was raised.

Ratio Decidendi

Title under a pre-emption decree accrues from the date of payment of the required amount; no actual possession is necessary where the decree-holder is already in joint possession of undivided property. Dismissal of execution petition is inconsequential as joint possession subsists.

Court Disposition

Appeal dismissed

Orders

  • Parties left to bear their own costs