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january 2009

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.

Jharu Ram Roy vs Kamjit Roy & Ors · Niyam