Supreme Court of India
Sobaran Singh (dead) through Lrs. Shanti Devi (dead) v. Gordhan Singh (dead) Thr. Lrs.
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 are, hence, of the opinion that the decisions of the First Appellate Court and the High Court are to be reversed and that of the Trial Court restored. We do so allowing the appeal and restoring the order of the Trial Court. The plaintiff’s possession at this juncture cannot be interfered with. The defendant has deposited a sum of Rs.15,00,000/- after the High Court judgment has come, which will be refunded to the defendant itself with any interest accrued thereon, within a period of one month.
Judgment, 10
In brief
By a registered agreement to sell dated 16.06.1975 the defendant agreed to sell about 5 bighas of agricultural land, some 3 kms from Agra, for Rs.20,000, of which Rs.5,000 was paid as advance. The defendant resisted specific performance claiming the transaction was really a loan with the agreement standing as security, and also raised objections about want of sanction under the Urban Land (Ceiling and Regulation) Act, 1976; the Trial Court, relying on the plaintiff and the two attesting witnesses, found the agreement proved, rejected the ceiling objection as inapplicable to agricultural land, and decreed specific performance on 28.02.1979, pursuant to which a sale deed was executed through Court on 07.06.1979 and the plaintiff has remained in possession since 1979.…
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