गुरदेव कौर बनाम काकी
| Citation | (2007) 10 SCC 21 |
| Court | Supreme Court of India |
| Date | 11 September 2007 |
| Year | 2007 |
| Bench | S.B. Sinha, Markandey Katju JJ. |
| Acts/Articles | CPC Order XXXIX, Transfer of Property Act, Specific Relief Act Section 6 |
| Category | Property & Land Law |
Key Principle Established
A woman who has been in possession of property as part of a settlement or agreement cannot be evicted without following due process. Possession is nine-tenths of the law.
A woman in possession of immovable property based on a family arrangement was sought to be evicted by other family members.
The Court upheld the principle that possession is a valuable right. A person in settled possession cannot be dispossessed without due process of law. Even if the possessor’s title is disputed, they are entitled to protection against forcible dispossession. The remedy of the claimant is to approach the court for recovery of possession.
This judgment reinforced the protection of possessory rights, particularly relevant for women in family property disputes.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.