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.