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december 2010

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.

RAJ KISHORE(DEAD)BY LRS. vs PREM SINGH . · Niyam