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Supreme Court of India 2017-01-06 allowed

Behram Tejani & Ors vs Azeem Jagani

Bench: 2 — Uday Umesh Lalit

In Brief

A man sought an interim court order to stop his paternal uncles from evicting him from an apartment where he lived with his maternal grandmother. The grandmother had been allowed to stay out of sympathy after the testator's death, but had no legal right to the property. The Supreme Court held that a gratuitous occupant—and anyone living with them—cannot claim legal protection against eviction. Long possession without legal title confers no rights. The Court restored the civil court's dismissal of the injunction plea, clarifying that only those with valid legal rights can seek such relief.

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Interim Relief and Injunctions Property Law Possession and Title Equity and Equitable Relief Testamentary Law

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