In Brief
A property dispute in Almora, Uttarakhand with 59 years of litigation history concerned ownership of a building originally owned by three brothers since 1872. The plaintiff claimed full ownership through successive purchases and redemption of a mortgage. Tenants disputed this, claiming the property belonged to a mortgagee (defendant no.3). The trial court decreed in favour of the plaintiff, finding he had become full owner. The mortgagee did not appeal, but the tenants did. The Supreme Court held that tenants cannot challenge findings on ownership when the mortgagee did not appeal. Only the party directly interested could have challenged the title finding. The Court allowed the appeal, restored the trial court's decree, and granted possession to the plaintiff.
The lawyer headnote and full judgment text are available to registered users.