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december 2010

Supreme Court of India · 2010-12-13

Sainath Mandir Trust vs Vijaya & Ors

Citation / case number
AIR 2011 SUPREME COURT 389
Court
Supreme Court of India
Petitioner
Sainath Mandir Trust
Respondent
Vijaya & Ors
Author
Gyan Sudha Misra
Bench
Gyan Sudha Misra, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Additional District Judge's ruling in favor of the plaintiff, determining that the gift deed dated 31.1.1974 executed by the original defendant did not divest the title of the property from the seller, as the plaintiff had a valid sale deed dated 14.10.1982. The Court emphasized that possession and title must align, and the absence of objections to the sale notice further supported the plaintiff's claim. The appeal was dismissed, affirming the plaintiff's right to possession under the sale deed.

Sainath Mandir Trust vs Vijaya & Ors · Niyam