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march 1996

Supreme Court of India · 1996-03-12

RAMANUJA NAIDU vs KANNIAH NAIDU & ANR.

Citation / case number
SC 1978/90410
Court
Supreme Court of India
Petitioner
RAMANUJA NAIDU
Respondent
KANNIAH NAIDU & ANR.
Author
PARIPOORNAN
Bench
K.S. PARIPOORNAN

Judgment text excerpt

The Supreme Court upheld the decision of the lower courts regarding the validity of the sale deed executed by the second defendant in favor of the first defendant on 5.5.1967, which was found to be prior to the sale deed executed in favor of the plaintiff on 5.6.1967. The Court emphasized that the principle of 'first in time is first in right' applies, and since the first defendant redeemed the mortgage and took possession, he holds valid title to the property. Consequently, the plaintiff's claim for declaration of title and recovery of possession was dismissed, affirming the lower court's ruling.

RAMANUJA NAIDU vs KANNIAH NAIDU & ANR. · Niyam