Supreme Court · 2008 INSC 444 · Decided 2 April 2008

Swarn K. Jain v. Ravi Mahajan and ORS.

Court
Supreme Court of India
Citation
2008 INSC 444 · [2008] 5 S.C.R. 1030
Case number
CIVIL APPEAL No. 5471/2000
Decided
2 April 2008
Bench
ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 138

Headnote

Transfer of Property: c Suit for possession - Omission by plaintiff to give details as to when the cause of action arose - No infirmity in finding of High Court that the omission was deliberate and not inadvertent - Hence, no case for interference by Supreme Court- J & K Transfer of Property Act, 1882. In a suit for possession, the plaintiff alleged that the ~ defendant had encroached upon his land and bounded the same by a boundary wall. It was alleged that when the E plaintiff objected to illegal occupation of suit land by the defendants, the latter in turn offered to

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