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january 2009

Supreme Court of India · 2009-01-06

KARTICK CHANDRA MANDAL vs NETAI MONDAL(DEAD)BY LRS. .

Citation / case number
SC 2005/27182
Court
Supreme Court of India
Petitioner
KARTICK CHANDRA MANDAL
Respondent
NETAI MONDAL(DEAD)BY LRS. .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court addressed the appeal against the Calcutta High Court's judgment allowing a Second Appeal under Section 100 CPC. The Court held that the plaintiff, having established his title and possession over the B schedule property, was entitled to recovery of possession and permanent injunction against the defendants who claimed rights through an alleged oral exchange. The Court emphasized that a valid partition must be legally recognized and that mere possession does not confer title without proper legal backing, thus affirming the lower courts' decisions.

KARTICK CHANDRA MANDAL vs NETAI MONDAL(DEAD)BY LRS. . · Niyam