Supreme Court of India
P.C. Varghese v. Devaki Amma Balambika Devi and Ors.
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From the headnote
Specific Relief Act, 1963-Section 12(3)-Suitfor specific performance of sale of immovable property-Minor's share subject to court permission During pendency of suit court permission rejected in respect of minor's share- Prayer of plaintiff amended to exclude minor's share-Held, relief of specific performance can be granted in respect of that portion which can be performed Further held, the contract was not subject to court permission. Section 22(J)(a)-Plaintiff in a specific pe1formance suit seeking partition and separate possession a major portion of property excluding minor's share- No
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