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Supreme Court of India 2024-10-14 dismissed

Neelam Gupta & Ors vs Rajendra Kumar Gupta & Anr

Bench: 2 — C.T. Ravikumar, Sanjay Kumar

In Brief

In this property dispute over 7.60 acres in Raipur, the plaintiff sought recovery of possession based on a 1968 registered sale deed, while defendants claimed adverse possession and joint family rights. The trial court dismissed the suit; the High Court reversed this, finding the plaintiff had established valid title and the defendants only had permissive possession. The Supreme Court upheld the High Court, holding that once the plaintiff proved title through the sale deed, the burden shifted to defendants to prove adverse possession under Article 65 of the Limitation Act, 1963. The defendants failed to establish the requisite hostile intent and uninterrupted adverse possession. Their own admission of being lessees (adhiyadars) and their unsuccessful application for occupancy rights confirmed only permissive possession, not adverse possession. The court dismissed the appeals and ordered delivery of vacant possession to the plaintiff.

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Property Law Adverse Possession Title and Possession Limitation Act Transfer of Property Pleadings and Evidence Joint Hindu Family Law Benami Transactions Contempt of Court

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