In Brief
Eureka Builders claimed rights to land based on an agreement with original historical owners (the PATIL family). However, the suit land had been sold away in 1942–1943 to Shah Veljee Kanjee through auction and direct purchase. The respondent is Shah Veljee Kanjee's legal heir, seeking partition and possession. Although the PATIL family received re-grant orders in 1973, they failed to assert rights within 12 years, causing loss of title by limitation. The Supreme Court held that the respondent established subsisting ownership through long, continuous, peaceful possession since 1942. The PATIL family and Eureka Builders (their intended buyers) had no valid claims, as a seller cannot transfer more than he owns, and the original owners' rights were extinguished by efflux of time. The appeal was dismissed.
The lawyer headnote and full judgment text are available to registered users.