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Supreme Court of India 2021-03-30 dismissed

Sharja Prabhudas Chavan vs Pyarelal Isak Maner

Bench: 1 — <UNKNOWN>

In Brief

Sharja Prabhudas Chavan sought perpetual injunction over a property she claimed was purchased by her husband. Her suit was dismissed by the trial court and the decree upheld on appeal. On further appeal, the Supreme Court held that although the trial court answered the issue of title negatively, it did so merely because she failed to produce title deeds—not after examining the merits of her claim. The Court clarified that this finding does not bar her from filing a fresh suit for declaration of title. The appeal was dismissed, but the adverse finding was not treated as conclusively determining the issue.

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Civil Procedure Injunction Title and Possession Evidence Res Judicata

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