Supreme Court · 2005 INSC 437 · Decided 23 September 2005
Aniglase Yohannan v. Ramlatha and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 437 · [2005] SUPP. 3 S.C.R. 440
- Case number
- CIVIL APPEAL No. 6260/2004
- Decided
- 23 September 2005
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 16(c)
Headnote
Specific Relief Act, 1963-Section J 6(c) rlw Explanation (ii)-Suit for specific performance of agreement to sell-Relief-Grant of-Held: Conduct C of the plaintiff must be blemishless throughout-On facts, the plaint contained essential facts leading to the inference that the plaintiff was always A suit for specific performance of ExtAl, agreement for sale, was filed. D The defendant resisted the suit contending that he executed Ext.Al in favour of the plaintiff only as security for the amount advanced by the plaintiff to him and; further that the plaintiff had executed another
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