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april 2008

Supreme Court of India · 2008-04-02

SWARN K. JAIN vs RAVI MAHAJAN

Citation / case number
SC 1999/13023
Court
Supreme Court of India
Petitioner
SWARN K. JAIN
Respondent
RAVI MAHAJAN
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the J & K High Court's decision, emphasizing that the plaintiff was estopped from claiming possession due to his own conduct, which included accepting the sale consideration without pursuing the claim. The Court noted the intentional omission of details regarding the cause of action by the plaintiff, which hindered the defendants' ability to contest the claim effectively. The judgment referenced Section 138 of the J & K Transfer of Property Act, 1977, affirming that no transfer of immovable property is valid unless registered, thus supporting the defendants' position as tress-passers.

SWARN K. JAIN vs RAVI MAHAJAN · Niyam