SUSHIL KUMAR versus MOTI RAM AND ANR.

SUSHIL KUMAR versus MOTI RAM AND ANR.

The appellant's offer to deliver possession of half of the house to respondent No. 2 is in the interest of both parties. The appellant to remain in possession of half, and deliver possession of the remaining half to Respondent No. 2.

Parties
Appellant: Sushil Kumar; Respondent 1: Moti Ram; Respondent 2: Satwant Kaur
Jurisdiction
India
Judgment Date
26 August 1996
Procedural Posture
Civil Appeal / Appeal From Dismissal of Suit and Appeals
Outcome
appeal allowed
Legal Topics
Permanent Injunction, Possession, Settlement of Property Disputes
Property Law Permanent Injunction Possession Settlement of Property Disputes

Case Brief

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Parties

Sushil Kumar

Appellant

Moti Ram

Respondent 1

Satwant Kaur

Respondent 2

Procedural Posture

Civil Appeal / Appeal From Dismissal of Suit and Appeals

Legal Issues

  1. 1 Whether appellant is entitled to permanent injunction restraining respondents from interfering with possession
  2. 2 Whether delivery of half portion of house to respondent No. 2 would be in interest of parties

Ratio Decidendi

The appellant's offer to deliver possession of half of the house to respondent No. 2 is in the interest of both parties. The appellant to remain in possession of half, and deliver possession of the remaining half to Respondent No. 2.

Court Disposition

appeal allowed

Orders

  • The appellant shall remain in possession of half portion of the house and deliver possession of the remaining half portion to respondent No. 2 within three months from today.
  • There shall be no order as to costs.