LawforAll

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Thursday, October 29, 2015

Suit for Declaration of title by adverse possession was dismissed and became final - Suit for declaration of title and recovery of possession by the defendants was decreed - Appeallant court confirmed the same but High court dismissed the suit as the permissive possession turned as adverse possession from the date of final dismissal of his Appeal = The dismissal of the suit in question i.e. O.S. No.295 of 1981 was founded on the principal basis that the plaintiffs therein (respondents in the present appeals) could not establish that they had acquired title by continuous possession which was adverse in character. 3. Thereafter, the present appellant, as the plaintiff, instituted a suit i.e. O.S. No.551 of 1983 for eviction of four of the plaintiffs who had filed O.S. No.295 of 1981. The said suit was decreed and the said decree was confirmed by the High Court in Second Appeal No.1854 of 1991. Pursuant to the said decree the appellant had taken possession of the suit property. 4. As part of the suit property remained in possession of the co-sharers who executed a release deed in favour of the present appellant on 3rd June, 1994, the appellant, as the plaintiff, after issuing legal notice instituted O.S. Nos.760 and 761 of 1996 against the respondents for declaration of title and recovery of possession of the property mentioned in the schedule to the suits. Both these respondents, as noticed, were the plaintiff Nos. 6 and 5 respectively in Suit No.295 of 1981. 5. The learned trial Court as well as the first appellate Court decreed both the suits filed by the appellant-plaintiff on the ground that the issues therein stood concluded by the findings in the earlier suit i.e. O.S. No.295 of 1981. Aggrieved, the respondents instituted the Second Appeals wherein the impugned order has been passed.A reading of the orders of the High Court would go to show that the primary ground on which the High court thought it proper to reverse the decrees passed by the two courts below is that though possession of the respondents may have been permissive initially, after 30th March, 1984 i.e. the date on which the decree in O.S. No.295 of 1981 became final, the possession of the respondents, which continued, was adverse to the appellant and as the suits were filed on 5th September, 1996 i.e. after expiry of period of 12 years from 30th March, 1984 the respondents have perfected their title by adverse possession. Accordingly, the reversal orders were passed by the High Court.There is no material to hold that post 30th March, 1984, the nature of possession of the respondent was, in any way, different from the earlier possession or that such possession was adverse. It also relevant to be noticed that insofar as the respondent in Civil Appeal No.2262 of 2012 is concerned (plaintiff No.5 in O.S No.295 of 1981) the finding of the learned Courts is that said respondent was a tenant under the appellant-plaintiff. For the aforesaid reasons, we are of the view that the High Court was not correct in reversing the decrees passed by the learned trial Court which decrees were affirmed by the first appellate Court. We, therefore, set aside the orders of the High Court and restore the orders of the courts below decreeing the suits (O.S. Nos.760 and 761 of 1996).

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                                                              NON-REPORTABLE                         IN THE SUPREME COURT OF INDIA      ...

“In Dr Pradeep Jain case this Court has observed that in Super Specialities there should really be no reservation. This is so in the general interest of the country and for improving the standard of higher education and thereby improving the quality of available medical services to the people of India. We hope and trust that the Government of India and the State Governments shall seriously consider this aspect of the matter without delay and appropriate guidelines shall be evolved by the Indian Medical Council so as to keep the Super Specialities in medical education unreserved, open and free.”

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                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA      ...