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Supreme Court of India 2019-01-29 allowed

Poona Ram vs Moti Ram (D) Th. Lrs. & Ors

Bench: 2 — Mohan M. Shantanagoudar

In Brief

The plaintiff sought a declaration of title and possession of a plot of land based on claimed possessory title from prior possession. The defendants relied on registered sale deeds showing their documentary title. The High Court had allowed the plaintiff's suit and rejected the defendants' review petition. The Supreme Court held that the plaintiff failed to prove settled, long-term possession required for possessory title under Section 64 of the Limitation Act, 1963. Mere casual possession, evidenced only by weak circumstantial facts, cannot override documented title. The Court restored the First Appellate Court judgment dismissing the suit.

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Property Law Limitation Law Possession Title Civil Procedure

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