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Supreme Court of India 2019-07-03 dismissed

Sopanrao & Anr vs Syed Mehmood & Ors

Bench: 3 — Deepak Gupta

In Brief

This appeal concerns a suit by descendants of Mutawalis of Niyamatullah Shah Dargah for possession of five plots of Inam land in Latur district that the government handed over to Namdeo Deosthan Trust in 1978. The trial court dismissed the suit for being barred by limitation and for non-joinder. The District Judge reversed this and granted possession; the High Court confirmed but modified the plaintiffs' status from Inamdars to Mutawalis. The Supreme Court dismissed the appeal, holding that the 12-year limitation under Article 65 of the Limitation Act (for possession based on title) applies despite the declaration element, the court correctly granted a lesser relief than claimed, and findings of fact based on documentary evidence from 1915 onwards were not to be disturbed.

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Land Law Succession and Inheritance Limitation Civil Procedure Trusts and Charitable Endowments Inam Land Mutawali

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