Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE, J
Ramesh Bagaram Mankane – Appellant
Versus
Vasant Dattatray Pawar – Respondent
| Table of Content |
|---|
| 1. substantial question of law framed (Para 4) |
| 2. plaintiffs' ownership and possession (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
Facts in brief:
1. This second appeal is preferred by original defendant nos. 1 and 2 to challenge the concurrent judgments and decrees granting declaration of title of the suit property and injunction restraining the defendants from obstructing the plaintiffs’ possession over the eastern side of suit property shown in green color in the suit map.
2. The respondents are original plaintiffs who had filed the suit for declaration and injunction based on title. Plaintiff nos. 1 to 5 are real brothers, and plaintiff nos. 6 and 7 are their sisters. Plaintiff no. 8 is their mother. The plaintiffs are claiming through the original owner Dattatray, i.e. father of plaintiff nos. 1 to 7 and husband of plaintiff no. 8. There is no dispute that Dattatray was the original owner of the suit property. Defendants are claiming rights in the suit property based on two agreements, one possession receipt and a Will allegedly executed by Dattatray. The trial Court decreed the suit granting declaration of title and injunction as prayed, and the said decree
The court affirmed that ownership established through tenancy certificates prevails over claims of possession based on unproven agreements or wills, emphasizing the necessity of fulfilling statutory ....
Suit filed simpliciter for injunction where claim is founded purely to claim protection under Section 53-A of Transfer of Property Act is not maintainable. Such a suitor is not entitled to claim reli....
Agreements for new tenure land lacking collector permission are void under Section 23 of the Indian Contract Act, nullifying claims for specific performance and possession under Section 53(A) of the ....
Point of Law : It is important to note at this juncture that the respondents were also simultaneously claiming to be in possession of the suit property on the basis of their claim of being permanent ....
A claim of title and adverse possession cannot coexist; plaintiffs must establish their title to succeed in a suit for declaration.
Civil Law - Dismissal of suit for permanent injunction and restoration of possession in suit property - provision of order VII, Rule II(b) that a Court has to come to a finding that relief claimed ha....
Possession can be protected under Section 53-A of the Transfer of Property Act without a valid sale, provided necessary conditions are fulfilled.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
