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.