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Supreme Court of India 2022-10-14 allowed

Kesar Bai vs Genda Lal & Anr

Bench: 2 — M.R. Shah, Krishna Murari

In Brief

Plaintiffs sought declaration of ownership and permanent injunction over suit land, claiming title both via a 1967 registered sale deed and adverse possession. All courts rejected the sale deed claim. The High Court, while holding that adverse possession and sale deed pleas were mutually contradictory and impermissible together, nonetheless confirmed the lower court's decree for title and permanent injunction on adverse possession grounds. The Supreme Court reversed, holding that once the sale deed claim failed and the adverse possession plea was deemed untenable and contradictory, no decree for title or permanent injunction could be granted. The trial court's dismissal was restored.

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Property Law Title and Ownership Adverse Possession Sale Deed Permanent Injunction Appellate Law Pleading and Practice

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