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april 2005

Supreme Court of India · 2005-04-11

Yamuna Nagar Improvement Trust vs Khariati Lal [Alongwith Civil Appeal ...

Citation / case number
AIR 2005 SUPREME COURT 2245
Court
Supreme Court of India
Petitioner
Yamuna Nagar Improvement Trust
Respondent
Khariati Lal [Alongwith Civil Appeal ...
Author
C.K. Thakker
Bench
Ruma Pal, C.K. Thakker

Judgment text excerpt

The Supreme Court upheld the trial court's decree granting a permanent injunction to the plaintiff, Kharaiti Lal, against the Yamuna Nagar Improvement Trust, asserting that the land in question was not acquired under the Land Acquisition Act, 1894, specifically referencing the award dated May 6, 1970. The Court found that the plaintiff had valid title through a registered sale deed dated March 9, 1962, and was in actual possession of the property, thus establishing the legal principle that possession and title must be respected unless proven otherwise. The appeal by the Trust was dismissed, affirming the lower court's decision.

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