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Supreme Court of India 2022-01-17 allowed

SEETHAKATHI TRUST MADRAS vs KRISHNAVENI

Bench: 2 — Sanjay Kishan Kaul, M.M. Sundresh

In Brief

A trust sought to recover land it had purchased decades earlier from the original owner. A woman claimed the same land under an earlier agreement with the original owner. After prolonged litigation spanning over 50 years, the High Court set aside two lower courts' dismissals and granted the woman relief. The Supreme Court held that the High Court failed to follow mandatory procedures under civil procedure law and wrongly ignored that the woman had knowledge of prior sales to innocent buyers before filing her suit. As a subsequent purchaser, the trust was a bona fide buyer entitled to protection. The Court dismissed the woman's suit, upholding the lower courts' findings and setting aside the High Court's judgment."

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Specific Performance Property Law Adverse Possession Decree Execution Joinder of Parties Evidence

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