It has been contended by the learned Counsel for the respondent that if the sale deed was a sham document, not intended to be acted upon. Marappa should have established his possession of the lands under the sale deed to the exclusion of Doraisamy. We may indicate here that there is no finding by the High Court as to the exclusive possession of either of the party. Even if it is accepted that Doraisamy had exercised possession over the land covered by the sale deed, such possession may be explained by indicating that Doraisamy obtained interest to the extent of half share by virtue of the will executed by Karuppanna. Hence, as a co-sharer, he was expected to possess the lands not partitioned between the parties. Exclusive possession of a co-sharer does not amount to adverse possession against other co-sharers unless such possession is exercised by ousting the other co-sharers. There is no such case of ouster of a co-sharer and thereafter exercise of exclusive possession openly and as of right by Doraisamy. That apart, the sale deed was executed by Marappa in September 1984 and the suit was instituted by Marappa for declaration of the sale deed as sham and invalid document in 1985. Hence, question of title by adverse possession did not arise.
Supreme Court of India
Sadasivam vs K. Doraisamy on 9 February, 1996
Equivalent citations: 1996 IIAD SC 355, AIR 1996 SC 1724, JT 1996 (2) SC 400, 1996 (2) SCALE 89, (1996) 8 SCC 624, 1996 2 SCR 336
Bench: G Ray, B Hansaria
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