Supreme Court of India · 2009-01-13
Jharu Ram Roy vs Kamjit Roy & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 2112
- Court
- Supreme Court of India
- Petitioner
- Jharu Ram Roy
- Respondent
- Kamjit Roy & Ors
- Bench
- Asok Kumar Ganguly, Mukundakam Sharma, S.B. Sinha
Judgment text excerpt
The Supreme Court upheld the High Court's affirmation of the First Appellate Court's decision, which declared the deeds of sale executed by Rajiv Lochan void ab initio due to fraud, as he was aware that his father, Nakho Ram, was alive at the time of execution. The Court emphasized that the appellant could not benefit from these deeds under Section 43 of the Transfer of Property Act, as Rajiv Lochan had no title to transfer. The Court concluded that the appellant's claim of adverse possession was invalid due to his complicity in the fraudulent transaction.