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september 2019

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.

Mohan Chandra Tamta (Dead) Thr. Lrs vs Ali Ahmed (D) Thr Lrs · Niyam