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october 2001

Supreme Court of India · 2001-10-18

Mohan Lal vs Nihal Singh

Citation / case number
AIR 2001 SUPREME COURT 2942
Court
Supreme Court of India
Petitioner
Mohan Lal
Respondent
Nihal Singh
Author
D.P.Mohapatra
Bench
D.P.Mohapatra

Judgment text excerpt

The Supreme Court upheld the lower courts' decisions, confirming that the plaintiff, who held a registered lease for 99 years, was entitled to a permanent injunction against the defendant from dispossessing him from the suit land. The Court found that the defendant's claim of the lease being a mere paper transaction was unsubstantiated, as the plaintiff's possession was established through documentary evidence. The Court reiterated that a suit for injunction is maintainable even if the plaintiff is not in actual physical possession at the time of filing, provided there is evidence of prior possession.

Mohan Lal vs Nihal Singh · Niyam