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Supreme Court of India 2017-03-07 allowed

Ravish and Anr vs R. Bharathi

Bench: 2 — R. Banumathi

In Brief

A housing society sold a plot originally numbered 690 to the appellants' predecessor, who later sold it to them. The respondent claimed ownership of a different site (4307) allotted to her by the same society. The trial court decreed the injunction suit ex-parte against the appellants, and the High Court dismissed their appeal, directing them to file a separate suit. The Supreme Court held that since both parties claimed title through registered deeds from the same society, the High Court wrongly relegated the appellants to a fresh suit. The Court set aside both judgments and remitted the matter to the trial court for full trial and adjudication on merits, allowing proper examination of the rival claims.

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Civil Procedure Appeals Jurisdiction of Trial Court Injunction Property Rights Evidence and Proof

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