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february 1990

Supreme Court of India · 1990-02-13

DORAB CAWASJI WARDEN vs COOMI SORAB WARDEN & ORS.

Citation / case number
SC 1989/72585
Court
Supreme Court of India
Petitioner
DORAB CAWASJI WARDEN
Respondent
COOMI SORAB WARDEN & ORS.
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that under Section 44 of the Transfer of Property Act, a transferee cannot claim joint possession of property that is part of an undivided family unless they are family members. The Court affirmed the Trial Court's finding that the property was a dwelling house belonging to an undivided family and that the fourth respondent, being a stranger, had no right to joint possession. The Court upheld the interim mandatory injunction against the fourth respondent, restraining him from possession of the property.

DORAB CAWASJI WARDEN vs COOMI SORAB WARDEN & ORS. · Niyam