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.