Supreme Court of India · 2008-04-02
Swarn K. Jain vs Ravi Mahajan & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2101
- Court
- Supreme Court of India
- Petitioner
- Swarn K. Jain
- Respondent
- Ravi Mahajan & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court upheld the High Court's decision, emphasizing that under Section 138 of the J & K Transfer of Property Act, 1977, no transfer of immovable property is valid unless it is in writing and registered. The Court found that the plaintiff's failure to specify the cause of action was intentional, which undermined his claim for possession against the defendants. Consequently, the appeal was dismissed, affirming the High Court's ruling that the plaintiff was estopped from claiming relief due to his own conduct.