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KARNATAKA BOARD OF WAKF vs. GOVERNMENT OF INDIA AND ORS.

SCR Citation: [2004] Supp. (1) S.C.R. 255
Year/Volume: 2004/ Supp. (1)
Date of Judgment: 16 April 2004
Petitioner: KARNATAKA BOARD OF WAKF
Disposal Nature: Appeals Allowed
Neutral Citation: 2004 INSC 276
Judgment Delivered by: Hon'ble Mr. Justice S. Rajendra Babu
Respondent: GOVERNMENT OF INDIA AND ORS.
Case Type: CIVIL APPEAL /16899/1996
Order/Judgment: Judgment
1. Headnote

Ancient Monuments Preservation Act, 1904:

Wakf Act, 1954-Sections 4, 26 and 56:

Karnataka Land Revenue Act, 1964-Section 67:

Acquisition of suit property by Government of India as ancient protected monument-Acquisition proved by documentary and ocular evidence-Inquiry under Revenue Act and declaration of the property as Wakf property by Notification-Suit by Government to declare the Notification as invalid and declaring Government as the owner by adverse possession-Suit decreed-High Court affirmed the finding of trial Court holding that Government is owner even by adverse possession-On appeal, held: Suit property is Government property and not Wakf property-However, the plea of adverse possession is unsustainable as the same neither pleaded nor proved-Ancient Monuments and Archaeological Sites and Remains Act, 1958. 

Code of Civil Procedure, 1908-Order XLI, Rule 27-Additional evidence-Plea to adduce at the final stage of case in appellate Court-Nature of documents not known-Held: Additional evidence not to be adduced as there was ample time during pendency of the case in the trial as well as appellate Court.

Adverse possession-Meaning and nature of-Discussed. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Acquisition of suit property
5. Equivalent citation
    Citation(s) 2004 (10) SCC 779 = 2004 (10) Suppl. SCC 779 = 2004 (4) SCALE 856