Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tra11sfer of Property - Agreement to sell - 011 facts. original al/ottee entered i1110 an agreement to sell the land w the appellant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Transfer of Property - Agreement to sell - 011 facts. originalallottee entered into an agreement to sell the land w the appellant -However; on the death of the allottee. his legal heirs-respondentnos.I to 3 sold the land to respondent No.4 - Suit for declarationby' appellant against respondents that the transfer made byrespondent nos. I to 3 in favour of respondent no.4 null and voidand respondents be constrained from interfering with appellant:~possession over the suit land, and ji>r issuance of mandatoryinjunction against respondent nos. I to 3 directing them to transferthe suit land in favour of appellant - Suit filed on basis of theagreement and Will allegedly executed by original allottee inappellant "sfC1vo11r-Dis111issal of the suil by the /rial co11r1 -Dismissaloffirsi appeal as also second appeal - On appeal. held: Appel/ant:~suit is wholly misconceived and rightly dismissed by the courts below- Concurrent findings offa,ct recorded by the courts based onappreciation of evidence. 1/111s, binding on !his Courl - Findingsneither j(m11d to be perverse nor against the evidence. against thepleadings or against any provision of law - Appel/ant had no primafiacie case in his favour to file a suit nor he had even any locus tofile the suit since the Greenland as also the Will was not held proved- Proper remedy of the appellant was to file suit for specificperformance of the agreement in relation lo !he suit land againstrespondent nos. I to 3 within the stipulated time - Also S11i1 wasbarred by limitation - Code of Civil Procedure. 1908 - s. l 00 -Second appeal - Limitation - Remedy. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1077 |
Petitioner | Suresh Kumar Through Gpa |
Respondent | Anil Kakaria & Ors. |
SCR | [2017] 11 S.C.R. 253 |
Judgement Date | 2017-11-06 |
Case Number | 4383 |
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