Supreme Court of India · 2014-10-15
SARJEET SINGH (D) TH. LRS. vs HARI SINGH .
- Citation / case number
- SC 2013/8101
- Court
- Supreme Court of India
- Petitioner
- SARJEET SINGH (D) TH. LRS.
- Respondent
- HARI SINGH .
- Author
- VIKRAMAJIT SEN
- Bench
- VIKRAMAJIT SEN DIPAK MISRA
Judgment text excerpt
The Supreme Court held that the Plaintiffs/Appellants, being co-sharers in the Shamilat Patti Sayar, were entitled to possession of the suit land as the Defendants/Respondents had no legal capacity to exchange the land without the consent of all co-sharers. The Court emphasized that the oral transfer claimed by the Defendants was invalid due to lack of proper partition and consent. However, the Court found the direction to restore possession to the Plaintiffs legally untenable, leading to the dismissal of the appeal.