Supreme Court of India · 2022-03-03
PADHIYAR PRAHLADJI CHENAJI vs MANIBEN JAGMALBHAI (DECEASED) THROUGH LRS.
- Citation / case number
- SC 2018/43874
- Court
- Supreme Court of India
- Petitioner
- PADHIYAR PRAHLADJI CHENAJI
- Respondent
- MANIBEN JAGMALBHAI (DECEASED) THROUGH LRS.
- Author
- HON'BLE MR. JUSTICE M.R. SHAH
- Bench
- HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE M.R. SHAH
Judgment text excerpt
The Supreme Court dismissed the appeal challenging the High Court's decision which upheld the injunction granted to the original plaintiff, restraining the defendant from disturbing the plaintiff's possession of the land. The court noted that the original defendant had been recorded as the owner since 1976 based on a sale deed, but the plaintiff's claim was based on possession and the circumstances surrounding the sale. The court emphasized the importance of maintaining possession and the legal implications of the sale deed in determining ownership rights.