Supreme Court of India · 2007-01-25
SUBHODKUMAR vs BHAGWANT NAMDEORAO MEHETRE .
- Citation / case number
- SC 2003/15315
- Court
- Supreme Court of India
- Petitioner
- SUBHODKUMAR
- Respondent
- BHAGWANT NAMDEORAO MEHETRE .
- Author
- KAPADIA
- Bench
- S. H. KAPADIA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the issue of legal necessity is a relevant fact in a suit for possession under the Transfer of Property Act. The court found that the lower appellate court erred in not considering the legal necessity of the sale executed by Nimbaji in favor of the plaintiffs, which was upheld as valid. The court affirmed the trial court's decision, granting possession to the plaintiffs based on the conveyance dated 31.3.75, thereby rejecting the claims of defendant nos.1 to 5.