Additionally, there was no possibility of asserting adverse possession in this context. The Apex Court thus affirmed the appellant’s ownership from the sale deed in 1966 and very rightly rejected the High Court’s reasoning. We thus see that the Apex Court very rightly allowed the appeal.
At the very outset, this remarkable, robust, rational and recent judgment authored by Hon’ble Mr Justice Vikram Nath for a Bench of Apex Court comprising of himself and Hon’ble Mr Justice Rajesh Bindal sets the ball in motion by first and foremost putting forth in para 1 that, “The plaintiff is in appeal assailing the correctness of the judgment and order dated 15.05.2012 passed by the Lucknow Bench of the Allahabad High Court allowing Second Appeal No.202 of 1980, Sudesh Kumar and others vs. Brij Narayan Shukla and others, whereby, both the judgments of the First Appeal Court and the Trial Court were set aside and the suit of the plaintiff appellant was dismissed on the ground of limitation being barred by time.”
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