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Supreme Court of India · 01/11/2023

SHAKEEL AHMED versus SYED AKHLAQ HUSSAIN

[2023] 15 S.C.R. 590 · 2023 INSC 1016

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court dismissed the purchaser-claimant’s suit for possession and mesne profits because an agreement to sell, power of attorney, affidavit and will did not establish the title asserted in his own name. Even registration of an agreement or power would not itself convey ownership. The High Court could not recast the suit as one brought for the true owner when the plaint claimed personal title. The statutory rule applied independently of the date of Suraj Lamps.

Issues

  1. Whether the relied-on documents conferred ownership sufficient for the pleaded possession suit.
  2. Whether the suit could instead be sustained as one instituted by an attorney for the true owner.

Provisions considered

Held

Result

Appeal allowed; impugned judgment set aside and suit dismissed without costs. Pending applications disposed of. No declaration of title in the defendant’s favour granted.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 590.