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Supreme Court of India 2019-09-26 allowed

KRISHNAMURTHY S. SETLUR (DEAD) BY LRS vs O.V.NARASIMHA SETTY(DEAD) BY LRS

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

This 70-year dispute concerned ownership of land purchased in 1942 by Krishnamurthy S. Setlur (KS) through his agent H.R. Narayana Iyengar (HR), a benamidar. After revocation of the power of attorney and various litigations, KS settled with the tenant in 1962, obtaining possession recorded in revenue rolls from 1963 onwards. In 1981, KS sued claiming ownership through adverse possession. The trial court decreed the suit, finding 12 years of uninterrupted, hostile possession ripened into title. The High Court reversed, holding KS was not the true owner. The Supreme Court restored the trial court's decree, holding that KS was indeed in possession as recorded in revenue documents, his possession was hostile to the true owner, and adverse possession had matured, conferring title under the Limitation Act, 1963."

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Property Law Adverse Possession Limitation Act Title and Ownership Possession

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