Supreme Court · 1996 INSC 1399 · Decided 27 November 1996

Walter Louis Franklin (Dead) Through LRS. v. George Singh (Dead) Through LRS.

Court
Supreme Court of India
Citation
1996 INSC 1399 · [1996] SUPP. 9 S.C.R. 266
Case number
CIVIL APPEAL No. 249/1981
Decided
27 November 1996
Bench
K. RAMASWAMY, G.T. NANAVATI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Specific Relief Act Section 38

Headnote

Specific Relief Act, 1963 : Section 38. Suit filed by appellant restraining respondent from inteifeiing with his C possession and enjoymelll of land-Respondent pleaded that his predecessor in title had purchased the la11d and that 110 pe1petual i11ju11ction could be granted agai11st him, he being was in possession and enjoyment of disputed property and accordingly granted perpetual injunction-High Court set aside the D decrees of Courts below-Appeal-Held, in the sale deed executed by the respondent's vendor there was a clear recita~ which bi11ds the respondent, that the appellant

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