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january 2007

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.

SUBHODKUMAR vs BHAGWANT NAMDEORAO MEHETRE . · Niyam