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Supreme Court of India 2021-04-08 dismissed

Mukesh Kumar vs Ravinder Goel and Ors

Bench: 1 — Anil Kshetarpal

In Brief

A mother leased land to her son via an unregistered lease deed for 20 years. When the brother obtained a registered transfer of the property, the son sued for permanent injunction to prevent dispossession, claiming settled possession. The trial court granted the injunction based solely on the lease deed. The appellate court reversed, finding no evidence of actual physical possession or rent payment. The Supreme Court dismissed the son's appeal, holding that while an unregistered lease may be examined to assess possession type, a plaintiff must prove actual occupation through cogent evidence—not merely documents. The son's own affidavit admitting no right in the property, absence of rent records, and lack of witness testimony defeated his claim.

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