Gurdev & Others V/s Todar

Gurdev & Others V/s Todar

Description

Specific Relief Act, 1963 Section34&38Suit for declaration and injunctionOwnership by adverse possessionValidity of unregistered sale deedBonafide purchaser

Plaintiff claimed that the suit land is recorded in the name and possession of the defendant No. 1 is wrong and illegal as the previous owner of the suit land has sold the said land to the plaintiff for consideration in the year 1985 and alleged adverse possession since thenD-No. 1, contested the sale, citing a Will executed in his favor and subsequent sale to D-No. 2 and 3The trial court decreed in favor of the plaintiff, a decision upheld by the first appellate courtRegular Second AppealHeldThe plaintiff's uninterrupted possession since 1985, supported by credible oral and documentary evidence, fulfilled the requirements for adverse possessionNo illegality in the impugned judgmentAppeal dismissed. (Paras 41 and 42)

Published on
28 February 2025
Last Updated Date
09-06-2025
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