Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 - s. 96(3) - Pursuant to death of the original owner of the property in question, his sons, daughters as also minor grandson succeeding to their respective share in the property - Co-sharers-sons and daughters entering into an agreement to sell the entire property with appellant-buyer - Non-execution of sale deed by co-sharers despite having received certain amount - Suit for specific performance - Decreed by trial court - Appeal before High Court - High Court fixing the market value of the property - Defendant No. 3-minor grandson, who was not party to the agreement, proposing to purchase the share of the co-sharers by paying the value to the appellant- Counsel for the appellant on instructions from the appellant agreeing to the said proposal - High Court directing co-sharers to execute the sale deed to the extent of their share in the suit property - On appeal, held: Order of the High Court shows that it is a consent order - No appeal lies from a decree passed by the court with the consent of the parties- Defendant No. 3 has right to purchase, to exclude the outsider who holds an equitable right of purchase of the shares of other defendants - He was not bound by the agreement executed by other defendants to the extent of his share - Since defendant No. 3 did not join the other co-sharers, no agreement of sale could be entered with the appellant for the entire property including the minor's share - Thus, the agreement of sale covering the entire property was void and ineffective - Also, before the High Court, both parties including the appellant agreed for a reasonable market valuation - Statement made by the counsel before the High Court, cannot be challenged before Supreme Court- Partition Act, 1893 - s. 4. Concession - Concession made by counsel, on a question of fact - Effect of - Held: Is binding on the client - However, concession on a question of law, is not binding. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 381 |
Petitioner | Vimaleshwar Nagappa Shet |
Respondent | Noor Ahmed Sheriff & Ors. |
SCR | [2011] 6 S.C.R. 392 |
Judgement Date | 2011-05-11 |
Case Number | 4279 |
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