Supreme Court of India · 2004-08-04
Smt. Dayamathi Bai vs Sri K.M. Shaffi
- Citation / case number
- AIR 2004 SUPREME COURT 4082
- Court
- Supreme Court of India
- Petitioner
- Smt. Dayamathi Bai
- Respondent
- Sri K.M. Shaffi
- Bench
- Ashok Bhan, S.H. Kapadia
Judgment text excerpt
The Supreme Court upheld the trial court's decision affirming the ownership of the suit plot by the plaintiff, K.M. Shaffi, based on the registered sale deed dated 14.11.1944 (Ex.P1) and the subsequent gift deed dated 20.6.1966 (Ex.P2). The Court ruled that the appellant's claim of separate ownership was invalid as the title to the suit plot was traced back to the sons of Gurunatham Pillai, who had the right to sell the land. The judgment of the Karnataka High Court was thus set aside, confirming the plaintiff's title and right to possession of the suit plot under Section 34 of the Specific Relief Act, 1963.