Supreme Court of India · 2017-12-14
SUNKAMMA (DEAD) BY LRS. vs S.PUSHPARAJ (DEAD) BY LRS.
- Citation / case number
- SC 2006/23641
- Court
- Supreme Court of India
- Petitioner
- SUNKAMMA (DEAD) BY LRS.
- Respondent
- S.PUSHPARAJ (DEAD) BY LRS.
- Author
- R. BANUMATHI
- Bench
- HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE R.K. AGRAWAL
Judgment text excerpt
The Supreme Court upheld the High Court's decision granting a permanent injunction to the plaintiff regarding site no.47, based on the evidence of ownership and possession, including a registered sale deed and a general power of attorney. The Court emphasized that the absence of a registered sale deed for site no.47 does not negate the plaintiff's possession rights, as established under the Transfer of Property Act, 1882. The Court affirmed the High Court's ruling that the defendants could not interfere with the plaintiff's peaceful possession of the property.