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october 2005

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.

Ramadhar Shrivas vs Bhagwandas · Niyam