Supreme Court of India · 2017-01-06
Behram Tejani & Ors vs Azeem Jagani
- Citation / case number
- AIR 2017 SC (CIV) 811
- Court
- Supreme Court of India
- Petitioner
- Behram Tejani & Ors
- Respondent
- Azeem Jagani
- Author
- Uday Umesh Lalit
- Bench
- Pinaki Chandra Ghose, Uday Umesh Lalit
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's decision to quash the order of the Bombay City Civil Court, emphasizing that the plaintiff's claim for possession of the suit premises must be substantiated by due process of law as outlined in the Will dated 28.09.1991. The Court reiterated that the rights conferred by a probated Will must be respected and that the plaintiff's request for an injunction against dispossession was valid pending the final resolution of the suit. The ruling clarified the legal standing of co-owners and the necessity of following legal procedures in property disputes.