Supreme Court of India

Janardan Das & Ors. v. Durga Prasad Agarwalla & Ors.

Neutral citation
Reported as [2024] 9 S.C.R. 947
Bench Vikram Nath, Pankaj Mithal and Prasanna B. Varale JJ.
Decided 26 September 2024

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

We hold that Defendant No. 1 lacked the authority to bind Defendant Nos. 6 to 8 in the agreement to sell dated 06.06.1993.

Judgment, page 14

From the headnote

Issue for Consideration Issue arose as to whether the plaintiffs proved their continuous readiness and willingness to perform their part of the contract as mandated u/s.16(c) of the Specific Relief Act, 1963; whether the agreement to sell was valid and enforceable against three co-owners-sisters, considering that defendant no. 1-co-owner lacked the authority to act on their behalf without a valid and subsisting General Power of Attorney; and whether the relief of specific performance, being discretionary, having been denied by the trial court was rightly granted by the High Court. Headnotes†

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