Supreme Court of India · 2008-01-15
TULSA vs DURGHATIYA .
- Citation / case number
- SC 2001/922
- Court
- Supreme Court of India
- Petitioner
- TULSA
- Respondent
- DURGHATIYA .
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the decision of the Madhya Pradesh High Court, affirming that the disputed property was joint ancestral property and that the plaintiffs had rightful ownership. The Court emphasized that the sale deed executed in favor of the defendant was invalid as the defendant had no legal rights to the property, given that the original owner had died without leaving legal heirs. The Court ruled that the plaintiffs were in possession of the land and had the right to seek a declaration of ownership under Section 100 of the Code of Civil Procedure, 1908.