Supreme Court of India · 2004-08-11
Sudhir Jaggi & Another vs Sunil Akash Sinha Choudhury & Others
- Citation / case number
- AIR 2005 SUPREME COURT 1243
- Court
- Supreme Court of India
- Petitioner
- Sudhir Jaggi & Another
- Respondent
- Sunil Akash Sinha Choudhury & Others
- Bench
- Ashok Bhan, S.H. Kapadia
Judgment text excerpt
The Supreme Court upheld the decision of the Calcutta High Court, confirming the repossession of two flats by the plaintiffs, executors of P.K. Chowdhury's will, based on the agreement dated 8.5.1965. The Court found that the developer's claim of non-possession was unfounded, as P.K. Chowdhury had made significant permanent alterations to the flats, establishing his possession. The Court emphasized that the developer's subsequent actions to dispossess Chowdhury were illegal and affirmed the plaintiffs' right to repossession under the principles of property law.