NDLI: Lakshmi Sreenivasa Cooperative Building Societ Vs. Puvvada Rama (dead) By Lrs. and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Specific performance: Agreement of sale of land
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	.Specific performance: Agreement of sale of land – Suit forspecific performance of sale agreement in respect of land – Onfacts, suit for specific performance of sale agreement filed byappellant-society – Dismissed by the courts below since theappellant failed to prove execution of the suit agreement, paymentof earnest money in furtherance of those agreements and alsobeing put in possession of the suit property – On appeal, held:Execution of suit agreement was not proved – Appellant cannot bepermitted to take the rel ief sans proof of execution of sui tagreements in respect of which the relief of specific performance issought – There was absence of a valid and subsisting agreementoperating between the parties – Neither of the agreement was aregistered document – No relinquishment deed has been executedby vendees who were party to the alleged initial agreement –Furthermore, appellant failed to prove the factum of possession –In view thereof, no relief can be granted to the appellant – Asregards prayer sought by the appellant for refund the earnest moneypaid to them in furtherance of the suit agreements, ordinarily itcould be considered but in the peculiar facts of the instant case, itmay not be possible to entertain the same.Constitution of India: Art. 136 – Exercise of jurisdictionunder – Concurrent finding of fact recorded by the courts belowagainst appellant – Held: Merely because two courts have taken aparticular view on the material issues, that by itself would notoperate as a fetter on this Court to exercise jurisdictionu/Art.136..
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2018 INSC 651
Petitioner	Lakshmi Sreenivasa Cooperative Building Societ
Respondent	Puvvada Rama (dead) By Lrs. And Ors.
SCR	[2018] 7 S.C.R. 1232
Judgement Date	2018-07-31
Case Number	6620

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Lakshmi Sreenivasa Cooperative Building Societ Vs. Puvvada Rama (dead) By Lrs. and Ors.

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Lakshmi Sreenivasa Cooperative Building Societ Vs. Puvvada Rama (dead) By Lrs. and Ors.

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