The plaintiff having miserably failed to establish title to thesuit property, the suit for declaration and possession ought not have been decreed on ground of adverse possession.

Citation

AIR 2009 SC 103

2008 AIR SCW 6996

SUPREME COURT(From : Gujarat)DALVEER BHANDARI, J. and H. S. BEDI, J.Civil Appeal No. 1196 of 2007, D/-23-9-2008

Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan and Ors

In the instant case, it was held that the plaintiff havingfailed to plead the case of adverse possession and noissues having been framed in that behalf and theplaintiff having miserably failed to establish title to thesuit property, the suit for declaration and possessionought not have been decreed on ground of adverse possession.(Para 32)