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Nune Prasad & Ors vs Nune Ramakrisna on 29 July, 2008 cites

Thakur Kishan Singh vs Arvind Kumar on 7 September, 1994

"7. It is to be reiterated that under section 100 CPC jurisdiction of the High Court to entertain a second appeal is confined only to such appeals which involve a substantial question of law and it 5 does not confer any jurisdiction on the High Court to interfere with pure questions of fact while exercising its jurisdiction under section 100 CPC. That apart, at the time of disposing of the matter the High Court did not even notice the question of law formulated by it at the time of admission of the second appeal as there is no reference of it in the impugned judgment. Further, the fact findings courts after appreciating the evidence held that the defendant entered into the possession of the premises as a batai, that is to say, as a tenant and his possession was permissive and there was no pleading or proof as to when it became adverse and hostile. These findings recorded by the two courts below were based on proper appreciation of evidence and the material on record and there was no perversity, illegality or irregularity in those findings. If the defendant got the possession of suit land as a lessee or under a batai agreement then from the permissive possession it is for him to establish by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of the real owner. Mere possession for a long time does not result in converting permissive possession into adverse possession (Thakur Kishan Singh v. Arvind Kumar (1994 (6) SCC 591). Hence the High Court ought not to have interfered with the findings of fact recorded by both the courts below."
Supreme Court of India Cites 6 - Cited by 179 - R M Sahai - Full Document

Kanhaiyalal And Ors. vs Anupkumar And Ors. on 27 November, 2002

8. The position has been reiterated in Kanhaiyalal and Ors. v. Anupkumar and Ors. (2003 (1) SCC 430), Mathakala Krishnaiah v. V. Rajagopal (2004(10) SCC 676), Smt. Ram 6 Sakhi Devi v. Chhatra Devi & Ors. (JT 2005 (6) SC 167), Sasikumar & Ors. v. Kunnath Chellappan Nair & Ors. (2005 (12) SCC 588), Gian Dass v. The Gram Panchayat Village Sunner Kalan & Ors. (2006 (6) SCC 271), Shah Mansukhlal Chhaganial (d) through Lrs. V. Gohil Amarsing Govindbhai (d) through Lrs. (2006(13) SCALE 99).
Supreme Court of India Cites 5 - Cited by 40 - Full Document

Mathakala Krishnaiah vs V. Rajagopal on 15 October, 2004

8. The position has been reiterated in Kanhaiyalal and Ors. v. Anupkumar and Ors. (2003 (1) SCC 430), Mathakala Krishnaiah v. V. Rajagopal (2004(10) SCC 676), Smt. Ram 6 Sakhi Devi v. Chhatra Devi & Ors. (JT 2005 (6) SC 167), Sasikumar & Ors. v. Kunnath Chellappan Nair & Ors. (2005 (12) SCC 588), Gian Dass v. The Gram Panchayat Village Sunner Kalan & Ors. (2006 (6) SCC 271), Shah Mansukhlal Chhaganial (d) through Lrs. V. Gohil Amarsing Govindbhai (d) through Lrs. (2006(13) SCALE 99).
Supreme Court of India Cites 9 - Cited by 10 - A Pasayat - Full Document

Smt. Ram Sakhi Devi vs Chhatra Devi And Ors on 12 July, 2005

8. The position has been reiterated in Kanhaiyalal and Ors. v. Anupkumar and Ors. (2003 (1) SCC 430), Mathakala Krishnaiah v. V. Rajagopal (2004(10) SCC 676), Smt. Ram 6 Sakhi Devi v. Chhatra Devi & Ors. (JT 2005 (6) SC 167), Sasikumar & Ors. v. Kunnath Chellappan Nair & Ors. (2005 (12) SCC 588), Gian Dass v. The Gram Panchayat Village Sunner Kalan & Ors. (2006 (6) SCC 271), Shah Mansukhlal Chhaganial (d) through Lrs. V. Gohil Amarsing Govindbhai (d) through Lrs. (2006(13) SCALE 99).
Supreme Court of India Cites 8 - Cited by 67 - A Pasayat - Full Document

Sasikumar And Ors vs Kunnath Chellappan Nair And Ors on 19 October, 2005

8. The position has been reiterated in Kanhaiyalal and Ors. v. Anupkumar and Ors. (2003 (1) SCC 430), Mathakala Krishnaiah v. V. Rajagopal (2004(10) SCC 676), Smt. Ram 6 Sakhi Devi v. Chhatra Devi & Ors. (JT 2005 (6) SC 167), Sasikumar & Ors. v. Kunnath Chellappan Nair & Ors. (2005 (12) SCC 588), Gian Dass v. The Gram Panchayat Village Sunner Kalan & Ors. (2006 (6) SCC 271), Shah Mansukhlal Chhaganial (d) through Lrs. V. Gohil Amarsing Govindbhai (d) through Lrs. (2006(13) SCALE 99).
Supreme Court of India Cites 5 - Cited by 22 - A Pasayat - Full Document

Gian Dass vs The Gram Panchayat, Village Sunner ... on 21 July, 2006

8. The position has been reiterated in Kanhaiyalal and Ors. v. Anupkumar and Ors. (2003 (1) SCC 430), Mathakala Krishnaiah v. V. Rajagopal (2004(10) SCC 676), Smt. Ram 6 Sakhi Devi v. Chhatra Devi & Ors. (JT 2005 (6) SC 167), Sasikumar & Ors. v. Kunnath Chellappan Nair & Ors. (2005 (12) SCC 588), Gian Dass v. The Gram Panchayat Village Sunner Kalan & Ors. (2006 (6) SCC 271), Shah Mansukhlal Chhaganial (d) through Lrs. V. Gohil Amarsing Govindbhai (d) through Lrs. (2006(13) SCALE 99).
Supreme Court of India Cites 9 - Cited by 19 - A Pasayat - Full Document
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