SHREEMATI KASHI BAI versus SUDHA RANI GHOSE AND OTHERS

SHREEMATI KASHI BAI versus SUDHA RANI GHOSE AND OTHERS

Intermittent working of the mine and lack of proven continuous possession by the appellants was insufficient to establish adverse possession; the presumption that possession reverted to the true owner during periods without operations was not rebutted.

Parties
Appellant: Shreemati Kashi Bai; Respondents: Sudha Rani Ghose and Others
Jurisdiction
India
Judgment Date
25 February 1958
Procedural Posture
Civil Appeals / Final Judgment on Appeal
Outcome
Appeals dismissed
Legal Topics
Adverse Possession, Coal Mining Rights, Trespass
Property Law Adverse Possession Coal Mining Rights Trespass

Case Brief

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Parties

Shreemati Kashi Bai

Appellant

Sudha Rani Ghose and Others

Respondents

Procedural Posture

Civil Appeals / Final Judgment on Appeal

Legal Issues

  1. 1 Whether intermittent and partial mining operations can constitute adverse possession over coal mining land

Ratio Decidendi

Intermittent working of the mine and lack of proven continuous possession by the appellants was insufficient to establish adverse possession; the presumption that possession reverted to the true owner during periods without operations was not rebutted.

Court Disposition

Appeals dismissed

Orders

  • One set of costs between the two appeals except as to court-fees