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Supreme Court of India 2023-04-11 allowed

Trust & Anr vs Sh. Diwan Chand (Dead) through

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

A charitable Trust sued to recover possession of land (Khasra No. 4833) that the defendants had occupied for over 34 years. The Trial Court decreed the suit in the Trust's favour. However, the Lower Appellate Court and High Court reversed this, holding that the property's identity was unclear. The Supreme Court allowed the Trust's appeal, finding that the defendants themselves had admitted—both in court and in official applications—that they occupied part of Khasra No. 4833. The defendants' plea of adverse possession itself implied acceptance of the Trust's ownership. A reliable 1975 Local Commissioner's report supported the Trust's case. The Court restored the Trial Court's judgment in favour of the Trust.

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Property Law Land Dispute Possession Adverse Possession Evidence Civil Procedure Local Commissioner Report

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