Supreme Court of India · 2005-10-27
Ramadhar Shrivas vs Bhagwandas
- Citation / case number
- AIRONLINE 2005 SC 14
- Court
- Supreme Court of India
- Petitioner
- Ramadhar Shrivas
- Respondent
- Bhagwandas
- Author
- C.K. Thakker
- Bench
- C.K. Thakker, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court upheld the validity of a sale deed executed by Hiralal, affirming that he was the absolute owner of the property under Section 54 of the Transfer of Property Act, 1882. The Court ruled that Ganpat's claim of ancestral ownership was not substantiated, and thus his possession was deemed unlawful. The Court also clarified that Bhagwandas, being a tenant, could not be evicted without due process, leading to the dismissal of the suit against him. The appeal was allowed in part, affirming the decree against Ganpat while dismissing the claim against Bhagwandas.