In Brief
This case concerns a dispute over agricultural land in Maharashtra between the legal representatives of the plaintiff (Dagadabai, original owner) and the defendant (Abbas, in possession). The defendant claimed title either as an adopted son of the original owner or by adverse possession. The Trial Court and First Appellate Court decreed the plaintiff's suit, holding the defendant had no valid adoption claim and failed to prove adverse possession. The High Court reversed these concurrent findings and dismissed the suit. The Supreme Court allowed the plaintiff's appeal, holding that: (1) concurrent findings of fact are binding on the High Court; (2) adverse possession requires the claimant to first admit the true owner's title; (3) the defendant's inconsistent pleas (adoption and adverse possession) were impermissible; and (4) the defendant failed to establish adverse possession. The Trial Court's decree was restored."
The lawyer headnote and full judgment text are available to registered users.