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april 2016

Supreme Court of India · 2016-04-12

Kusum Harilal Soni vs Chandrika Nandlal Mehta & Anr

Citation / case number
AIR 2016 SUPREME COURT 2000
Court
Supreme Court of India
Petitioner
Kusum Harilal Soni
Respondent
Chandrika Nandlal Mehta & Anr
Author
Arun Mishra
Bench
Arun Mishra, V. Gopala Gowda

Judgment text excerpt

The Supreme Court addressed the issue of execution of a decree under the Bombay Rent Act, 1947, specifically Section 13A(2), holding that the transfer of Flat No. 408 by respondent no. 1 to respondent no. 2 was fraudulent and aimed at defeating the appellant's right to compensation and possession. The Court emphasized that unregistered agreements, like the one in question, lack legal validity and cannot be used to circumvent lawful orders. The Court upheld the appellant's right to enforce the eviction order and compensation, thereby setting aside the High Court's order that had previously allowed the transfer.

Kusum Harilal Soni vs Chandrika Nandlal Mehta & Anr · Niyam