Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific performance: Suit for specific performance of agreement to sell property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Specific performance: Suit for specific performance of agreement to sell property - Denial of title by defendant - Held: Court can order specific performance of (/fl agreement only c The when it is proved that a person allegedly executing an agreement to sell has right of transferring the property - When defendants deny their entitlement and right, title and interest in the suit property, the said question is necessary to be answered before decreeing the suit - In the instant case, the trial court after noticing the said pleading on behalf of the defendants did not enter into this question or returned any finding as to ownership of the suit property - It was not proved that any power of attorney was executed so as to enable defendant no.2 to enter into agreement to sell and further the execution of agreement was also not proved - Although, copy of alleged power of attorney was filed by appellant before this Court E but both the Courts having not considered the same, it was not necessary for this Court to consider the same in this appeal - Suit was rightly dismissed by first appellate court - No interference called for. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 1005 |
Petitioner | Dharmabiri Rana |
Respondent | Pramod Kumar Sharma (d) Thr. Lrs. & Anr. |
SCR | [2017] 10 S.C.R. 122 |
Judgement Date | 2017-10-05 |
Case Number | 9906 |
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