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.