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october 2007

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.

RAM PRAKASH GUPTA vs RAJIV KUMAR GUPTA . · Niyam