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2005 DIGILAW 1004 (SC)

PARVATI v. S. R. S. PARVATRAO DESAI

2005-05-05

A.K.MATHUR, ASHOK BHAN

body2005
ORDER 1. The suit filed by the plaintiff-respondents for possession was dismissed by the trial court holding that the defendants i.e. the appellants a herein, had perfected their title by way of adverse possession. In appeal, the judgment and decree passed by the trial court was set aside. It was held that the appellants were put in possession of the suit property as licensees and that the appellants had not become the owners of the suit property by way of adverse possession. The High Court, in appeal, has affirmed the finding recorded by the first appellate court. 2. Aggrieved against the judgment and decree passed by the High Court, the present appeal by special leave is before us. 3. Learned counsel for the appellants has been heard at length. 4. We agree with the view taken by the High Court that a substantial question of law did not arise in the facts and circumstances of the case, and the second appeal has therefore been rightly dismissed. 5. Accordingly, the appeal is dismissed with no order as to costs.