Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit: Suit for restoration of possession mesne profit and for permanent injunction |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit:Suit for restoration of possession, mesne profit and forpermanent injunction – In respect of house property – Claiming tobe owner of the property – Against brother (defendant No.1) andsister (defendant No. 2) of the plaintiff – Defendants’ case was thatthe property was a family property and not exclusively owned bythe plaintiff; and the possession of the defendant was in the capacityof owner – Trial Court decreed the suit – Decree was further affirmedby High Court in first appeal and in Review – On appeal, held: Thefacts and circumstances of the case indicate that the property inquestion was a family property and not exclusive property of theplaintiff – The courts below have acted perversely and in mostarbitrary and illegal manner, while accepting the ipse dixit of theplaintiff and in decreeing the suit – Legal inferences from admittedfacts have not been correctly drawn – Concurrent finding of factswhich are impermissible and perverse cannot have binding effecton the Court – Suit is liable to be dismissed – Appeal allowed. |
Judge | N/A |
Neutral Citation | 2018 INSC 421 |
Petitioner | Vinod Kumar Dhall |
Respondent | Dharampal Dhall (deceased) Through His Lrs. & Ors. |
SCR | [2018] 3 S.C.R. 961 |
Judgement Date | 2018-04-26 |
Case Number | 4534-4535 |
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