Supreme Court of India

Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan & Others

Neutral citation

Reported as [2008] 13 S.C.R. 818

Bench Dalveer Bhandari and L-iarjit Singh Bedi JJ.

Decided 23 September 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

Before parting with this case, we deem it appropriate to observe that the law of adverse possession which ousts an H 836 SUPREME COURT REPORTS [2008] 13 S.C.R. A owner on the basis of inaction within limitation is irrational, il logical and wholly disproportionate.

Judgment, page 18

From the headnote

Land grabbing!Transfer of Property Act: · . Adverse possession - Suit for declaration of permanent c injunction to declare appellant as lawful owner and occupier in respect of lands in question - Allowed by trial Court holding the appellant lawful owner of the suit property by adverse posses- sion - Reversed by first appellate Court - Affirmed by High · Court__, Correctness of- Held: Appellant at no stage had set up the case of adverse possession ·- There was no pleading to "' . that effect - No issues were framed, even then trial Court de- creed the suit - Under the circumstances, first

Authorities it was built on

1961 Abhiraj Kuer v. Debendra Singh cited by 52
2007 P.T. Munichikkanna Reddy and Ors. v. Revamma and Ors. cited by 18
2006 T. Anjanappa and Ors. v. Somalingappa and Anr. cited by 12
2003 Md. Mohammad Ali (dead) by Lrs. v. Sri Jagadish Kalita and Ors. cited by 8

Where later benches applied it

2019 Ravinder Kaur Grewal & Ors v. Manjit Kaur & Ors. relied on
2024 Vasantha (dead) Thr. Lr. v. Rajalakshmi @ Rajam (dead) Thr.lrs. referred to
2011 State of Haryana v. Mukesh Kumar & Ors. mentioned

Of those, 1 relied on · 1 referred to · 1 mentioned

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