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.