Supreme Court of India
G H Mohan Chandra Tamta (dead) Thr. Lrs. v. Ali Ahmad (d) Thr Lrs & Ors.
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What the Court ordered
In view of the above discussion, we set aside the judgment dated 31.03.2009 of the High Court of Uttarakhand,at Nainital in Second Appeal No.670 of 2001 and restore the judgment and decree dated 23.03.1975 of the trial court decreeing the suit in favour of the appellants.
Judgment, page 6
From the headnote
Suit – Finding as to ownership – Who cannot challenge – Suit property, three storeyed structure was owned by three brothers, each having 1/3rd share in the property – One of the brother mortgaged his 1/3rd share – Eventually, the predecessor-in-interest of the appellant became the full owner of the property – As per the plaintiff, defendant nos.1 & 2 were permitted to stay in some portion of the house by appellant’s predecessor-in-interest – He issued notice to them to vacate the house but they refused– Suit for eviction filed – Dismissed – Appeal also dismissed – Appellant’s predecessor…
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