Supreme Court of India
Padmakumari & Ors. v. Dasayyan &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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid facts, the purchase of the D suit schedule property by defendant Nos. 12 to 15 for a valuable consideration is established by the above defendants by adducing evidence on their behalf before the trial court.
Judgment, page 17
From the headnote
Specific Relief Act, 1963 - ss. 16(c) and 19(b) - Specific Performance of unregistered agreement for sale - Between plaintiff and defendant Nos. 1 to 11 - Balance sale consideration not paid by the plaintiff within the time i.e. nine o months which was agreed upon - Thereafter the property in question sold by defendant Nos. 1to11 to defendant Nos. 12 to 15 (appellants) by a registered sale-deed by paying the sale consideration amount- Suit for specific performance by plaintiff - Decreed by courts below - On appeal, held: Finding of facts by courts below was contrary to the terms and
Authorities it was built on
- 2011 Mrs. Saradamani Kandappan v. Mrs. S. Rajalakshmi & Ors.
- 1962 The Trustees of the Port of Madras by its Chairman v. K. P. V. Sheik Mohamed Rowther & Co. and Others
- 2003 Manjunath Anandappa Urf. Shivappa Hanasi v. Tammanasa and Ors.
- 1966 Gomathinayagam Pillai and Ors. v. Pallaniswami Nadar
- 1969 Ouseph Varghese v. Joseph Aley & Ors.
- 1994 Jugraj Singh and Anr. v. Labh Singh and Ors.
Where later benches applied it
Of those, 1 distinguished
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