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may 2017

Supreme Court of India · 2017-05-01

Poonnamma Jagadamma & Ors vs Narayanan Nair & Ors

Citation / case number
AIR 2017 SUPREME COURT 2358
Court
Supreme Court of India
Petitioner
Poonnamma Jagadamma & Ors
Respondent
Narayanan Nair & Ors
Author
A.M.Khanwilkar
Bench
A.M.Khanwilkar, Dipak Misra

Judgment text excerpt

The Supreme Court upheld the decree of the Trial Court granting a mandatory injunction under Section 39 of the Specific Relief Act, directing the Appellants to demolish encroachments on the Respondent's property, which was bequeathed to him by his father through a registered Will. The Court emphasized the importance of title in property disputes and affirmed that previous suits did not bar the current action as the issues were distinct. The Court ruled in favor of the Respondent, confirming his entitlement to the property and the injunction against the Appellants.

Poonnamma Jagadamma & Ors vs Narayanan Nair & Ors · Niyam