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november 2018

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.

Rakesh Malhotra vs Kamaljit Singh Sandhu . · Niyam