Supreme Court of India
Mohammade Yusuf & Ors. v. Rajkumar & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that a person in possession cannot be ousted by another person except by due procedure of law and once 12 years’ period of adverse possession is over, even owner’s right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom he has prescribed.
Judgment, page 10
From the headnote
Registration Act, 1908 – s. 17 – Compromise decree – If requires registration – Suit filed in 1984, by appellant’s father inter alia for declaration in respect of a 7 biswa area of survey no. 203 which was attached in east with their land bearing survey No. 223 – They were in possession of suit land, which was recorded in the names of defendant – Compromise decree dtd. 04.10.85 was passed declaring their right on 7 biswa area and it was declared that remaining land belonged to defendant – Suit filed in 1998 by respondent nos.1 & 2 against the appellants for perpetual injunction in respect of…
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Where later benches applied it
Of those, 1 relied on
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