Supreme Court · 2006 INSC 947 · Decided 4 December 2006
Ramji Rai and ANR. v. Jagdish Mallah (Dead) Through L.RS. and ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 947 · [2006] SUPP. 10 S.C.R. 28
- Case number
- CIVIL APPEAL No. 5353/2006
- Decided
- 4 December 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 38
Headnote
Suit: Suit for permanent injunction-Restraining the defendants from C interfering in possession of suit property-Duty of Court-Held: Court has to merely decide whether plaintiff is in possession or not and not ownership of title to the suit property-Specific Relief Act, 1963-s.38. Appellants filed from interfering in the possession of the land in dispute as also from interfering in the construction of the boundary wall, on the ground that the disputed land was in their possession since long and utilized by them for different household purpose. Trial Court decreed the suit. Appellate
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)