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Supreme Court of India 2023-03-29 dismissed

Shivshankara & Anr vs H.P. Vedavyasa Char

Bench: 2 — B.R. Gavai, C.T. Ravikumar

In Brief

In this property possession case, the plaintiff sought recovery of a house after being illegally dispossessed. The trial court granted a partial decree allowing recovery of part of the property. On appeal, the defendants sought to introduce new evidence and amend their written statement to claim they had purchased the property during the suit, but the High Court rejected these applications. The Supreme Court upheld the High Court's judgment, holding that concurrent findings of the lower courts deserve no interference. The Court confirmed that a person dispossessed through illegal means may recover possession based solely on prior possession, and that amendments cannot be allowed at appellate stage after unexplained delay. The appeal was dismissed.

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Property Law Possession Civil Procedure Pleadings and Amendments Appellate Practice Non-joinder of Parties Third Party Rights Transfer of Property

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