Supreme Court · 2009 INSC 387 · Decided 23 March 2009
Vimal Chand Ghevarchand Jain & ORS. v. Ramakant Eknath Jajoo
- Court
- Supreme Court of India
- Citation
- 2009 INSC 387 · [2009] 4 S.C.R. 794
- Case number
- CIVIL APPEAL No. 1784/2009
- Decided
- 23 March 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 54
Headnote
Transfer of Property Act, 1882- s. 54 - Sale by registered deed of sale in favour of plaintiff by defendants - Stipulation in the deed that if plaintiff dispossessed, defendant was to pay c compensation - Defendant continuing in possession of the property as a licencee - On failure to pay recove1y of possession - At trial stage defendant proving his possession - Suit dismissed - At appellate stage defendant disputing the sale deed stating that it was executed only as D security for a money-lending transaction between the parties - Appellate Court a/so dismissing the suit - On
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