Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act 1963 - s. 20 - Agreement to sell |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Specific Relief Act, 1963 (47 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Specific Relief Act, 1963 - s. 20 - Agreement to sell properly executed in 1982 for consideration of Rs.1,20,000/- - Vendor received Rs.10,000/- as advance money- Suit for specific performance by vendee - Decreed by Trial Court - Order upheld by High Court - On appeal, held: Since agreement for sale was genuine, decree passed by Trial Court was justified - However, in view of long passage of time and steep increase in value of properly since 1982, vendee directed to pay the vendor Rs. 5 lakhs in addition to balance consideration of Rs.1, 10,000/- - On such payment, vendor directed to execute sale deed and hand over vacant possession to vendee - Occupation of certain other persons who claimed the property in question by way of adverse possession found to be in the nature of permissible possession - Direction issued for their eviction - Equity. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2008 INSC 67 |
Petitioner | Pratap Lakshman Muchandi And Ors. |
Respondent | Shamlal Uddavadas Wadhwa And Ors. |
SCR | [2008] 1 S.C.R. 854 |
Judgement Date | 2008-01-18 |
Case Number | 666 |
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