Supreme Court · 2017 INSC 1005 · Decided 5 October 2017
Dharmabiri Rana v. Pramod Kumar Sharma (D) THR. LRS. & ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1005 · [2017] 10 S.C.R. 122
- Case number
- CIVIL APPEAL No. 9906/2010
- Decided
- 5 October 2017
- Bench
- A.K. SIKRI, ASHOK BHUSHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Specific performance: Suit for specific performance of agreement to sell property - Denial c~f title by defendant - Held: The Court can order specific performance of (/fl agreement only when it is proved that a person allegedly executing an agreement to sell has right of transferring the property deny their entitlement and right, title and interest in the suit property, the said question is necessary to be answered before decreeing tlze suit - In the instant case, the trial court after noticing tlze said D pleading on behalf of the defendants did not enter into this question or
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)