Supreme Court of India · 2019-09-12
Mohan Chandra Tamta (Dead) Thr. Lrs vs Ali Ahmed (D) Thr Lrs
- Citation / case number
- AIRONLINE 2019 SC 2082
- Court
- Supreme Court of India
- Petitioner
- Mohan Chandra Tamta (Dead) Thr. Lrs
- Respondent
- Ali Ahmed (D) Thr Lrs
- Author
- Deepak Gupta
- Bench
- Aniruddha Bose, Deepak Gupta
Judgment text excerpt
The Supreme Court examined the complex ownership history of a property in Almora, originally owned by three brothers, and addressed the claims of eviction by the current owner, Mohan Chandra Tamta, against defendants Khalil Ahmed and Ali Ahmad. The Court held that the plaintiff had established his title through a series of valid transactions, including the redemption of the mortgage and subsequent sales, thereby affirming his right to recover possession. The judgment clarified the legal principles surrounding property ownership and eviction under the Transfer of Property Act, 1882, and upheld the plaintiff's claim for possession.