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september 2009

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.

Gajara Vishnu Gosavi vs Prakash Nanasaheb Kamble & Ors · Niyam