WALTER LOUIS FRANKLIN (DEAD) THROUGH LRS. versus GEORGE SINGH (DEAD) THROUGH LRS.

WALTER LOUIS FRANKLIN (DEAD) THROUGH LRS. versus GEORGE SINGH (DEAD) THROUGH LRS.

Where the sale deed executed by the respondent's vendor records the appellant's possession of the disputed property and the respondent has not instituted any suit for possession, the appellant is entitled to a perpetual injunction restraining interference by the respondent. The concurrent findings of possession by the trial and appellate courts should not have been reversed by the High Court.

Parties
Appellant: Walter Louis Franklin (Dead) Through LRs.; Respondent: George Singh (Dead) Through LRs.
Jurisdiction
India
Judgment Date
27 November 1996
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed
Legal Topics
Perpetual Injunction, Possession of Immovable Property
Property Law Specific Relief Perpetual Injunction Possession of Immovable Property

Case Brief

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Parties

Walter Louis Franklin (Dead) Through LRs.

Appellant

George Singh (Dead) Through LRs.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether a perpetual injunction may be granted to restrain the respondent from interfering with the appellant's possession of the disputed property
  2. 2 Whether the appellant has proved adverse possession

Ratio Decidendi

Where the sale deed executed by the respondent's vendor records the appellant's possession of the disputed property and the respondent has not instituted any suit for possession, the appellant is entitled to a perpetual injunction restraining interference by the respondent. The concurrent findings of possession by the trial and appellate courts should not have been reversed by the High Court.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the High Court set aside
  • Judgments and decrees of the trial court and appellate court confirming perpetual injunction restored