Supreme Court of India · 2009-09-16
Gajara Vishnu Gosavi vs Prakash Nanasaheb Kamble & Ors
- Citation / case number
- AIRONLINE 2009 SC 648
- Court
- Supreme Court of India
- Petitioner
- Gajara Vishnu Gosavi
- Respondent
- Prakash Nanasaheb Kamble & Ors
- Bench
- B.S. Chauhan, Dalveer Bhandari
Judgment text excerpt
The Bombay High Court upheld the dismissal of Civil Suit No.6/87, affirming that the appellant lacked lawful possession and valid title over the disputed property, as no partition had occurred among co-sharers. The court emphasized that the sale deed from Housabai did not confer exclusive ownership due to the absence of partition, rendering the appellant's possession as forcible. Consequently, the appeal was dismissed, maintaining the trial court's findings regarding the necessity of Housabai as a party and the nature of possession.