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april 2008

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.

Swarn K. Jain vs Ravi Mahajan & Ors · Niyam