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may 1999

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.

PRATAPRAI N. KOTHARI vs JOHN BRAGANZA · Niyam