SAROOP SINGH versus BANTO AND ORS.

SAROOP SINGH versus BANTO AND ORS.

The respondents, being reversioners, rightly claimed title to the suit properties by inheritance since the judgment and decree passed by Civil Court in earlier suit has attained finality; no limitation applies as appellant did not plead adverse possession; presumption of death under Evidence Act does not fix date of death.

Parties
Appellant: Saroop Singh; Respondents: Banto and Ors.
Jurisdiction
India
Judgment Date
07 October 2005
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 24.8.98 of Punjab and Haryana High Court in R.s.a. No. 1 of 1998
Outcome
Appeal dismissed
Legal Topics
Hindu Succession, Adverse Possession, Presumption of Death, Reversionary Rights, Applicability of Punjab Limitation (customs) Act
Succession Limitation Evidence Hindu Succession Adverse Possession Presumption of Death Reversionary Rights Applicability of Punjab Limitation (customs) Act

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Parties

Saroop Singh

Appellant

Banto and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 24.8.98 of Punjab and Haryana High Court in R.s.a. No. 1 of 1998

Legal Issues

  1. 1 Whether the suit filed by reversioners for possession is barred by limitation
  2. 2 Whether the presumption of death can fix the date of death for limitation purposes
  3. 3 Effect of declaratory decree regarding reversionary rights and validity of gift deed

Ratio Decidendi

The respondents, being reversioners, rightly claimed title to the suit properties by inheritance since the judgment and decree passed by Civil Court in earlier suit has attained finality; no limitation applies as appellant did not plead adverse possession; presumption of death under Evidence Act does not fix date of death.

Court Disposition

Appeal dismissed

Orders

  • No costs