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Supreme Court of India 2022-03-03 allowed

Padhiyar Prahladji Chenaji (Deceased) Through L.R.s vs Maniben Jagmalbhai (Deceased) Through L.R.s and Ors

Bench: 2 — M.R. Shah

In Brief

A widow sought to cancel a registered sale deed executed by her deceased husband in 1975, alleging fraud. While the trial court rejected her title claim, it granted injunction to protect her possession of 5 acres. The higher courts confirmed this. The Supreme Court allowed the defendant's appeal, holding that once the plaintiff loses on title and the defendant is adjudged the true owner, no permanent injunction can protect the plaintiff's unlawful possession. Injunction is a consequential relief dependent on success in the title claim; judicial adjudication satisfies 'due process' requirements, precluding the true owner from requiring separate possession litigation.

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Land Law Property Rights Injunction Title Dispute Limitation Period Possession Civil Procedure

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