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september 2004

Supreme Court of India · 2004-09-22

KISHORI LAL vs MADAN GOPAL (D) BY LRS. .

Citation / case number
SC 2002/14128
Court
Supreme Court of India
Petitioner
KISHORI LAL
Respondent
MADAN GOPAL (D) BY LRS. .
Author
Venkatarama Reddi
Bench
P. VENKATARAMA REDDI & P.P. NAOLEKAR

Judgment text excerpt

The Supreme Court upheld the decision of the first appellate Court that the suit property is joint and undivided between the plaintiff and defendants, emphasizing that without proof of ouster, the defendants cannot claim exclusive possession or raise constructions. The Court confirmed the permanent injunction against construction at point 'CB' and mandated the restoration of the entrance gate, while partially allowing the High Court's decision by setting aside the injunction for the removal of the saw machine. The judgment clarifies the rights of co-owners in property disputes under the principles of joint ownership.

KISHORI LAL vs MADAN GOPAL (D) BY LRS. . · Niyam