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october 2007

Supreme Court of India · 2007-10-03

Ram Prakash Gupta vs Rajiv Kumar Gupta & Ors

Citation / case number
AIRONLINE 2007 SC 48
Court
Supreme Court of India
Petitioner
Ram Prakash Gupta
Respondent
Rajiv Kumar Gupta & Ors
Author
P. Sathasivam
Bench
Tarun Chatterjee, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the appellant, as the absolute owner of the property under the registered sale deed dated 02.09.1957, was entitled to declare the decrees obtained by the respondents' father in 1976 as null and void under Section 34 of the Specific Relief Act, 1963. The Court emphasized that the appellant's lack of knowledge about the fraudulent decrees until 1989 justified the filing of the suit within the limitation period. The High Court's dismissal of the appellant's appeal was overturned, and the appellant was granted the relief sought.

Ram Prakash Gupta vs Rajiv Kumar Gupta & Ors · Niyam