In 1975, when the appellant tried to raise the construction over the land purchased, the defendants objected and caused hindrance giving rise to the filing of the suit in question on 28.05.1975, registered as O.S.No.161 of 1975 praying for the relief of injunction with alternative relief for possession.
Also Read: https://newslaw.in/supreme-court/extension-of-investigation-period-under-uapa-courts-legal-analysis/
The defendant respondent filed their written statement primarily alleging that there had been prior proceedings between Rai Bahadur Mohan Lal and his co-sharers and their tenants Civil Appeal No.7502 of 2012 (ancestors of the respondent) in the year 1944 where a suit was filed for arrears of rent with respect to Plot No.1019, 1022 and 1023.
According to the appellate court, the proceedings under section 145 CrPC were related to the land Civil Appeal No.7502 of 2012 in dispute and that the possession of the defendant respondent was found over the land in dispute. It further found that the suit for arrears of rent filed in 1944 was with respect to some other land and not the land in dispute in as much as the suit land was vacant open piece of land whereas the 1944 suit for arrears of rent was with respect to the house of the defendants.
The High Court dismissed the suit of the appellant on the ground of limitation as according to it, the defendant respondent had matured their rights or rather perfected their rights by adverse possession having continued so since 1944 when the first suit for arrears of rent was filed.
Also Read: https://newslaw.in/supreme-court/dispute-over-land-ownership-and-partition-courts-legal-analysis/
Civil Appeal No.7502 of 2012 9.5
In our considered view, the plaintiff appellants got their ownership/title under the registered sale deed on 21.01.1966.
Accordingly, the appeal is allowed, the impugned judgment and order of the High Court is set aside and that of the First Appellate Court decreeing the suit for possession is maintained.
Also Read: https://newslaw.in/supreme-court/interpretation-of-policy-date-in-suicide-clause/
(VIKRAM NATH)……………………………………J.
Case Title: BRIJ NARAYAN SHUKLA (D) THR. LRS. Vs. SUDESH KUMAR ALIAS SURESH KUMAR (D) THR. LRS . (2024 INSC 9)
Case Number: C.A. No.-007502-007502 / 2012
