Brij Narayan Shukla (D) vs Sudesh Kumar Alias Suresh Kumar (D) 2024 INSC 9 – S 100 CPC – Second Appeal- Adverse Possession

Code of Civil Procedure, 1908 – The High Court was hearing the Second Appeal under section 100 of Code of Civil Procedure, 19082 and it having reappreciated the findings to disturb findings of fact, committed an error. (Para 9.2)

Adverse Possession – The suit of the year 1944 was for the arrears of rent and not relating to any dispute of possession. The defendant respondents were tenants and therefore their possession was permissive as against the then landlords. There was no question of them claiming any adverse possession from 1944. (Para 9.4)

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