AIR 2000 SUPREME COURT 3673 ::2000 AIR SCW 4160 ::(2001) ILR (Kant) (1) 761 ::2000 (4) CurCC 59 ::2000 (40) All LR 568 ::2000 (3) ICC 747 ::(2001) 1 LandLR 350 ::(2000) 6 Supreme 373 ::(2000) 7 JT 423 (SC)

Supreme Court Of India

Hon'ble Judge(s): B. N. Kirpal, M. B. Shah, R. C. Lahoti , JJJ

Limitation Act (36 of 1963) , Art.64, Art.65— Suit for possession - Plea of benami transaction and adverse possession set up by defendant - Finding of fact by both lower Courts that defendant was not real owner of land in question - High Court relying on office copies of replies to notice sent by lawyer of defendant holding that defendant had set up hostile title and perfected it by adverse possession - Contents of said office copies however were not duly proved - Could not, therefore, be relied upon for setting up plea of adverse possession - Decree of High Court set aside and suit for possession decreed in favour of plaintiff. (Para 7 8 9 10 11 12)