Supreme Court of India · 2017-07-03
POORAN CHANDRA JOSHI vs BISWAN CHANDRA HARRIS (D)THR. LRS.
- Citation / case number
- SC 2007/19900
- Court
- Supreme Court of India
- Petitioner
- POORAN CHANDRA JOSHI
- Respondent
- BISWAN CHANDRA HARRIS (D)THR. LRS.
- Author
- HON'BLE MR. JUSTICE A.M. KHANWILKAR
- Bench
- HON'BLE MR. JUSTICE A.M. KHANWILKAR
Judgment text excerpt
The Supreme Court upheld the High Court's decision to allow the second appeal for eviction, emphasizing the validity of the gift deed dated 31.05.1949 under which the predecessor in title of the respondents acquired ownership of the property. The Court clarified that the requirement of possession transfer in a gift deed is essential for establishing valid title, and the earlier dismissal of the suit by the Munsif Court was incorrect. The Court ruled that the relationship of landlord and tenant existed, thus affirming the eviction order against the appellants.