Supreme Court of India
Pemmada Prabhakar & Ors. v. Youngmens Vysya Association & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the aforesaid provisions of the Specific Relief Act, the Agreement of Sale entered between the plaintiffs and some of the co-sharers who do not have the absolute title to the suit schedule property is not enforceable in law.
Judgment, page 18
From the headnote
Specific Relief.Act, 1963- ss. 17, 20(2) - Contract to sell or let property by one who has no title - Enforceability of - Suit for specific performance of the agreement of sale - Entitlement for decree - When agreement of sale entered between the plaintiffs-vendee and defendant nos. 1 and 2- vendor and vendor did not have absolute title to the property, there was absence of execution of the agreement of sale by o the other defendants/co-sharers, and there was breach of terms and conditions of the contract on the part of the plaintiffs in not paying the sale consideration amount within the
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