Supreme Court · 2008 INSC 1319 · Decided 19 November 2008

Hamidkhan v. Ashabi & ORS.

Court
Supreme Court of India
Citation
2008 INSC 1319 · [2008] 16 S.C.R. 297
Case number
CIVIL APPEAL No. 6711/2008
Decided
19 November 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Constitution Article 142

Headnote

Specific Performance - Public trust property - Purchase of - Suit by the Trust against trespassers on trust property - C The Trust agreeing to sell the property to the vendee after getting permission from Charity Commission - Charity Commissioner granting pennission to sell the property in auction - Order of Charity Commissioner set aside by High Court - Thereafter Charity Commissioner observing that the property D was in possession of some other person - Trust selling the property to the person in possession of the property - Suit by vendee for specific performance of the agreement and

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