AIR 2003 SUPREME COURT 1905 ::2003 AIR SCW 1383 ::2003 SCFBRC 290 ::(2003) 2 WLC(SC)CVL 333 ::(2003) 4 IndLD 485 ::(2003) 2 CivLJ 895 ::(2003) ILR (Kant) (4) 2253 ::(2003) 1 All RentCas 527 ::2003 (4) SCC 161 ::2003 (2) RecCivR 222 ::(2003) 2 Scale 589 ::2003 (2) All CJ 1462 ::2003 (1) CurCC 145 ::2003 (3) ACE 217 ::(2003) 3 Cal HN 175 ::(2003) 5 All WC 4366 ::2003 (5) Bom CR 671 ::2003 (2) ICC 819 ::2004 (1) MadLW 706 ::2003 (2) MadLJ122 ::(2003) 2 JCR 131 (SC) ::(2003) 2 Raj LW 283 ::(2003) 2 SCR 564 (SC) ::2003 (2) UC 809 ::2003 (2) SLT 649 ::(2003) 2 Supreme 512 ::(2003) 4 AllIndCas 12 (SC) ::2003 (5) SRJ 332

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): R. C. Lahoti, Arun Kumar , JJ

(A) Limitation Act (36 of 1963) , Art.65— Adverse possession - Proof - Plaintiffs claiming title over suit land by adverse possession - Plea of plaintiffs that they were in possession of suit land by virtue of unregistered, unstamped sale deed executed in favour of their predecessors-in-interest - Defendants alleging that plaintiffs were trespassers however admitting their possession since lifetime of their father - Order of revenue authority also establishing possession of plaintiffs for last 26, 27 years - Claim of defendant regarding taking over of possession from plaintiff found to be false - Plaintiffs in hostile continuous possession - Adverse possession proved. (Para 5 6) (B) Civil P.C. (5 of 1908) , S.100— Second appeal - Scope - Perverse and contrary to evidence findings of subordinate courts - Can be set aside by High Court in second appeal. (Para 4) (C) Registration Act (16 of 1908) , S.17— Unregistered sale deed - Not admissible in evidence - But it can be looked into for collateral purposes such as to see nature of possession of party over suit property. (Para 5) ....