Supreme Court of India · 2007-10-03
RAM PRAKASH GUPTA vs RAJIV KUMAR GUPTA .
- Citation / case number
- SC 2006/12296
- Court
- Supreme Court of India
- Petitioner
- RAM PRAKASH GUPTA
- Respondent
- RAJIV KUMAR GUPTA .
- Author
- P. SATHASIVAM TARUN CHATTERJEE
- Bench
- P. SATHASIVAM TARUN CHATTERJEE
Judgment text excerpt
The Supreme Court upheld the appellant's claim for ownership of the property under Section 34 of the Specific Relief Act, ruling that the decrees obtained by the respondents' father were fraudulent and thus void. The Court emphasized that a party cannot benefit from their own fraud, reinforcing the principle that a decree obtained through deceit is not enforceable. The Court reversed the High Court's dismissal of the appellant's appeal, granting him the declaration of ownership and possession of the property in question.