Supreme Court · 2008 INSC 1458 · Decided 17 December 2008
Aloka Bose v. Parmatma Devi & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1458 · [2008] 17 S.C.R. 822
- Case number
- CIVIL APPEAL No. 6197/2000
- Decided
- 17 December 2008
- Bench
- R.V. RAVEENDRAN, P. SATHASIVAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 10; Specific Relief Act Section 16(c)
Headnote
Contract Act, 1872: s. 10 - Agreement Jo sell signed only · by vendor an'd not by purch·aser - Suit for specific c performance ~ Maintainability of, challenged on the ground that agreement was not valid/concluded - Held: Agreement to sell signed by vendor alone and· delivered - Moreover, vendor acknowledged receipt.of earnest money and further receipt of part of consideration amount - Evidence of D witnesses also .show that it was concluded contract- Notice by purcha$er conveying willingness and readiness to pay­ balance sale consideration -
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