In our opinion, the stand taken by the Defendants was wholly inconsistent. They first set up a plea of adverse possession but it was rightly held not proved. The Defendants, however, did not challenge this finding in the second appeal, which became final. Even otherwise, the plea of adverse possession was wholly misconceived and untenable. It is a settled law that there can be no adverse possession among the members of one family for want of any animus among them over the land belonging to their family.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 7089 of 2010
Decided On: 04.12.2017
Nanjegowda (D) by L.Rs. and Ors. Vs. Ramegowda
Hon'ble Judges/Coram:
Abhay Manohar Sapre and Navin Sinha, JJ.
Citation: (2018) 1 SCC 574
