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november 2008

Supreme Court of India · 2008-11-14

Komalam Amma vs Kumara Pillai Raghavan Pillai & Ors

Citation / case number
AIR 2009 SUPREME COURT 636
Court
Supreme Court of India
Petitioner
Komalam Amma
Respondent
Kumara Pillai Raghavan Pillai & Ors
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's second appeal regarding the recovery of possession of property, affirming the concurrent findings of the lower courts that the property was purchased solely by the husband. The Court clarified that the appellant's right to reside in the matrimonial home does not override the husband's right to recover possession, especially in estranged relationships. The Court also noted that the statutory charge under Section 39 of the Transfer of Property Act, 1882, does not defeat the decree for possession, as it applies only when the charged property is transferred.

Komalam Amma vs Kumara Pillai Raghavan Pillai & Ors · Niyam