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PAMIDIGHANTAM SRI NARASIMHA, JOYMALYA BAGCHI
Mahendra Magruram Gupta – Appellant
Versus
Rajdai Shaw – Respondent
ORDER
1. Leave granted.
2. The short facts necessary for our purpose are that three brothers namely, Mr. Magruram Chotanki Gupta, Mr. Deepnarayan Chotanki Gupta and Mr. Baburam Chotanki Gupta were co-tenants of the suit property. The appellants are descendants of Mr. Magruram Chotanki Gupta while respondent no. 1 is the descendant of Mr. Deepnarayan Chotanki Gupta. The appellants’ case is that by a notarised affidavit dated 22.02.1990, Mr. Deepnarayan Chotanki Gupta (respondent no. 1’s predecessor) transferred his rights in the tenanted premises to Mr. Magruram Chotanki Gupta, i.e., their predecessor-in-interest. Subsequently, after Mr. Deepnarayan’s death, his widow Smt. Antadevi signed a declaration dated 18.04.1998 relinquishing her rights in the suit property in favour of appellant no. 1.
3. Relying on these documents, the appellants/ plaintiffs filed a suit for declaration and permanent injunction, in which their prayer for interim relief of temporary injunction came to be dismissed by the Trial Court on 21.12.2012. In appeal against this order, the High Court by the order impugned herein virtually dismissed the suit. Before adverting to the reasoning adopted by the High Court fo
In appeal to High Court against order of Trial Court refusing to grant injunction pending disposal of suit, High Court could not have dismissed substantive portion of suit itself and direct that rema....
A claimant must establish legal ownership to obtain an injunction; granting an injunction based on a dismissed declaration suit is contrary to established legal principles.
The plaintiff's title could be declared despite the Partnership and Dissolution Deeds not being registered, and the restrictive covenant in the sale deed did not render the Partnership and Dissolutio....
The main legal point established in the judgment is that unregistered documents do not confer enforceable rights, and bonafide purchasers cannot be deprived of their ownership rights based on unregis....
Fraud - Fraud has been defined in Section 17 of the Contract Act to mean as Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his ag....
The court established that a registered gift deed provides prima facie evidence of title and possession, which must be protected until the validity of competing claims is resolved.
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
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