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january 2017

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.

Behram Tejani & Ors vs Azeem Jagani · Niyam