In Brief
Plaintiffs purchased a house in 1985 from an earlier buyer and sought to recover two rooms occupied by the defendant, who had lived there before their purchase. The defendant claimed 40 years of adverse possession; the trial court agreed. The First Appellate Court reversed, finding only permissive possession and decreeing the suit for the plaintiffs. The High Court, under Section 100 CPC, re-examined evidence and restored the trial court's judgment. The Supreme Court held that the High Court improperly decided the second appeal as if it were a first appeal by re-appreciating evidence. The Court confirmed that the defendant had merely permissive possession and failed to prove adverse possession, which requires hostile, open, continuous occupation for 12 years against the owner's knowledge. The Court allowed the appeal and restored the First Appellate Court's decree."
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