Supreme Court of India · 1999-05-04
PRATAPRAI N. KOTHARI vs JOHN BRAGANZA
- Citation / case number
- SC 1991/74471
- Court
- Supreme Court of India
- Petitioner
- PRATAPRAI N. KOTHARI
- Respondent
- JOHN BRAGANZA
- Author
- M.Srinivasan,N Santosh Hegde,G T Nanavati
- Bench
- M.Srinivasan,N Santosh Hegde,G T Nanavati
Judgment text excerpt
The Supreme Court addressed the issue of possession in Short-Cause Suit No.3120/81, emphasizing that the respondent's claim was based solely on exclusive possession since May 1964 under a registered lease deed, without asserting title. The Court held that the trial court's decree was valid as it was based on possession and the threat of dispossession, leaving the question of title open for future determination. The judgment of the trial court was upheld, affirming the importance of possession in property disputes under the relevant legal principles.