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Supreme Court of India 2019-04-26 allowed

Mallikarjunaiah vs Nanjaiah & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant claimed ownership of land that fell to his share after his father's death, but found it was encroached upon. Following a panchayat resolution, the defendant restored the encroached portion, but disputes remained over Schedule B property. The trial court partly decreed the suit, declaring the appellant owner of most of Schedule A but rejecting his injunction prayer regarding Schedule B. The High Court reversed, finding the defendant had acquired the land by adverse possession. The Supreme Court set aside the High Court's order, holding that adverse possession was not validly established under the applicable law, and granted the respondent three months to vacate and restore possession to the appellant.

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Property Law Adverse Possession Civil Litigation Title and Ownership Transfer of Property Act

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