Supreme Court of India · 2018-11-16
Rakesh Malhotra vs Kamaljit Singh Sandhu .
- Citation / case number
- AIRONLINE 2018 SC 1368
- Court
- Supreme Court of India
- Petitioner
- Rakesh Malhotra
- Respondent
- Kamaljit Singh Sandhu .
- Author
- M. R. Shah
- Bench
- M. R. Shah, Uday Umesh Lalit
Judgment text excerpt
The Supreme Court held that the original plaintiff's claim to ownership of the suit property based on an Agreement to Sell dated 20.4.1987 and a General Power of Attorney was valid, as the original defendant no. 1 had no authority to transfer the property to defendants 2 and 3 after the agreement. The Court emphasized that the sale deed executed on 28.1.2002 was illegal and void, as it violated the terms of the prior agreement. Consequently, the Court set aside the High Court's order and restored the trial court's judgment in favor of the original plaintiff, granting him possession of the property.