Supreme Court of India
T.K. Mohammed Abubucker (d) Thr. Lrs. & Ors. v. P.S.M. Ahamed Abdul Khader & Ors.
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What the Court ordered
For the foregoing reasons, this appeal is allowed, the E order of the Letters Patent Bench is set aside, and the judgment and decree of the learned Single Judge confirming the dismissal of the suit is restored.
Judgment, page 15
From the headnote
Land laws - Suit for title and possession of property - c Allegation of encroachment of property by defendant - Said suit property purchased by original owner, which thereafter by. partition fell to share of vendor who sold. it to plaintiff - Dismissal of suit, by trial court and first appellate court - Set aside by Letters Patent Bench - Justification of - Held: Not justified - Title is to be-established by tracing it to a point beyond a minimum of twelve years before the suit - Neither title of plaintiff nor previous possession of plaintiff nor encroachment by defendants made out -
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