Supreme Court of India · 2010-12-10
RAJ KISHORE(DEAD)BY LRS. vs PREM SINGH .
- Citation / case number
- SC 2003/13288
- Court
- Supreme Court of India
- Petitioner
- RAJ KISHORE(DEAD)BY LRS.
- Respondent
- PREM SINGH .
- Author
- T.S. THAKUR
- Bench
- MARKANDEY KATJU,T.S. THAKUR, , ,
Judgment text excerpt
The Supreme Court upheld the High Court's decision granting a partial decree for injunction under Section 39 of the Specific Relief Act, restraining the defendants from interfering with the plaintiffs' possession of the agricultural land until partition. The Court established that a sale-deed executed under the pretext of security for a loan does not transfer ownership unless explicitly agreed upon, and the plaintiffs retained their possessory rights. The appeal was allowed in part, affirming the plaintiffs' right to possess the land pending partition.