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august 2004

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.

Sudhir Jaggi & Another vs Sunil Akash Sinha Choudhury & Others · Niyam