Supreme Court · 1976 INSC 339 · Decided 17 December 1976

Govindbhai Gordhanbhai Patel & ORS. v. Gulam Abbas Mulla Allibhai & ORS.

Court
Supreme Court of India
Citation
1976 INSC 339 · [1977] 2 S.C.R. 511
Case number
CIVIL APPEAL No. 1860/1968
Decided
17 December 1976
Bench
A.N. RAY, M. HAMEEDULLAH BEG, JASWANT SINGH (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Contract Act Section 56

Headnote

Indian Comract Act, 1872, s. 56, doctrine of frustration, when appli­ cable. Bombay Tenancy and Agricul~ural Lands Act, 1948, s. 63(1), Permission for sale, whether administrative, iudicial or quasi-iudicial act. Civil Procedure Code, doctrine of res judicata, whether applicable to pro­ authority exercising con- C current iurisdiction from emertajtJing subsequellt ·proceeding~ for same ~elief. The respondents agreed to sell their agricultural land to the appellants. The title deeds and possession of the land were given to the appellants and both pa.rties jointly applied to

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