VidhiSangh

Supreme Court of India · 26/07/2017

THE GREATER BOMBAY CO-OPERATIVE BANK LIMITED versus MR. NAGRAJ GANESHMAL JAIN & ORS.

[2017] 6 S.C.R. 437 · 2017 INSC 671

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Summary

A claimed prior agreement to sell did not establish ownership of an attached flat or entitlement to housing-society membership. The purported agreement was unsupported by its original and was found fabricated in the circumstances; it was not a registered conveyance transferring title. The Court restored the bank’s successful challenge to the claimant’s rights.

Issues

  1. Whether the alleged agreement defeated the bank’s attachment and entitled the claimant to society membership.

Held

Result

Appeals allowed; High Court and revisional/appellate orders accepting the claim set aside. Claim rejected and respondent held to have no right, title or interest in the flat or entitlement to society membership.

Judgment PDF: Supreme Court of India, [2017] 6 S.C.R. 437.