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december 2007

Supreme Court of India · 2007-12-12

Ajay Mohan & Ors vs H.N. Rai & Ors

Citation / case number
AIR 2008 SUPREME COURT 804
Court
Supreme Court of India
Petitioner
Ajay Mohan & Ors
Respondent
H.N. Rai & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court upheld the decision of the Bombay High Court, affirming the dismissal of the appellants' application for injunction regarding the suit land. The Court noted that the appellants claimed ownership through a deed of gift, while the respondents asserted rights based on an agreement of sale under Section 53A of the Transfer of Property Act. The Court held that the appellants failed to establish a prima facie case for injunction as they did not challenge the validity of the agreement of sale, and possession follows title, thus supporting the respondents' claim.

Ajay Mohan & Ors vs H.N. Rai & Ors · Niyam