Supreme Court · 1990 INSC 206 · Decided 19 July 1990
Brij Mohan and ORS. v. SMT. Sugra Begum and ORS.
- Court
- Supreme Court of India
- Citation
- 1990 INSC 206 · [1990] 3 S.C.R. 413
- Case number
- CIVIL APPEAL No. 1893/1989
- Decided
- 19 July 1990
- Bench
- L.M. SHARMA, N.M. KASLIWAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act; Specific Relief Act
Headnote
Specific Relief Act-Specific pe1ormance of contract of sale of immovable property on basis of oral agreement alone-Heavy burden lies on plaintiff to prove consensus ad idem. Transfer of Properly Act-Section 55-Provision not applicable where patties consciously negotiated but failed in respect of brothers. They filed a sui1 against defendant No. 1, Smt. Mahboohunnisa ·Begum, (Since deceased and represented by legal heirs) for specific performance of oral contract of sale of a building in Hyderabad. The property was later sold hy defendant No. 1 to defendants Nos. 3 and 4. The
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