Supreme Court of India · 2017-01-06
BEHRAM TEJANI vs AZEEM JAGANI
- Citation / case number
- SC 2013/35057
- Court
- Supreme Court of India
- Petitioner
- BEHRAM TEJANI
- Respondent
- AZEEM JAGANI
- Author
- Uday Umesh Lalit
- Bench
- UDAY UMESH LALIT PINAKI CHANDRA GHOSE
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash the Bombay City Civil Court's order, emphasizing that the respondent's claim for possession of the suit premises was valid under the provisions of the Will dated 28.09.1991, which was probated. The Court clarified that the injunction sought by the respondent was necessary to prevent dispossession without due process, thereby reinforcing the legal principle that possession cannot be disturbed without following legal procedures. The appeal was dismissed, affirming the lower court's findings.