ROOP SINGH (DEAD) THROUGH LRS versus RAM SINGH (DEAD) THROUGH LRS.

ROOP SINGH (DEAD) THROUGH LRS versus RAM SINGH (DEAD) THROUGH LRS.

Findings of fact by trial and appellate courts established that defendant's possession was permissive under batai (tenancy) agreement and there was neither pleading nor proof of adverse possession; High Court erred in interfering with findings without substantial question of law under Section 100 CPC.

Parties
Appellant: Roop Singh (dead) through LRs.; Respondent: Ram Singh (dead) through LRs.
Jurisdiction
India
Judgment Date
28 March 2000
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment in Second Appeal
Outcome
Appeal allowed
Legal Topics
Adverse Possession, Jurisdiction of High Court in Second Appeal, Permissive Possession, Protection Under Transfer of Property Act S.53 a
Civil Law Property Law Adverse Possession Jurisdiction of High Court in Second Appeal Permissive Possession Protection Under Transfer of Property Act S.53 a

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Parties

Roop Singh (dead) through LRs.

Appellant

Ram Singh (dead) through LRs.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment in Second Appeal

Legal Issues

  1. 1 Whether defendant acquired title to agricultural land by adverse possession
  2. 2 Whether defendant's possession was adverse or permissive
  3. 3 Whether High Court exceeded jurisdiction under Section 100 CPC by interfering with findings of fact

Ratio Decidendi

Findings of fact by trial and appellate courts established that defendant's possession was permissive under batai (tenancy) agreement and there was neither pleading nor proof of adverse possession; High Court erred in interfering with findings without substantial question of law under Section 100 CPC.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and decree passed by the High Court set aside
  • Judgment and decree passed by the Appellate Court in Civil Appeal No. 20-A of 1976 restored