Supreme Court · 2008 INSC 538 · Decided 29 April 2008

Hardeo Rai v. Sakuntala Devi and Others

Court
Supreme Court of India
Citation
2008 INSC 538 · [2008] 7 S.C.R. 1
Case number
CIVIL APPEAL No. 3040/2008
Decided
29 April 2008
Bench
S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Specific Relief Act Section 20

Headnote

Specific Relief Act, 1963 - s. 20 - Suit for specific performance of execution of sale deed in terms of sale agreement - Seller's case that property was joint family c property and sale agreement was scribed due to forcible execution - Suit decreed by trial court, however, set aside by appellate the order of trial court - Correctness of - Held: There was no evidence to show that parties were in joint possession of the D property - Seller himself admitted that he and his other co- sharers were in separate possession of the property - Also the first appellate court did not hold that

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