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Kesar Bai vs. Genda Lal & Anr. (SC)

46.00 4.60

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Adverse Possession–Permanent Injunction & Declaration–Decree of–Confirmed by High Court–Sustainability–Claim of original plaintiff was based on the registered sale deed and alternatively on the adverse possession–Claim of ownership on the ground of regd. sale deed was negated by all the Courts–Only claim on behalf of the plaintiff was the plea of adverse possession–Observation of High Court that both the pleas are contrary to each other and cannot be permitted to be taken at the same time–Claim of adverse possession was not tenable–High Court committed error in dismissing the appeal–Judgment of trial Court dismissing the suit is restored.