Supreme Court · 1999 INSC 294 · Decided 27 July 1999

K.S. Satyanarayana v. V.R. Narayana Rao

Court
Supreme Court of India
Citation
1999 INSC 294 · [1999] 3 S.C.R. 1213
Case number
CIVIL APPEAL No. 4048/1999
Decided
27 July 1999
Bench
S. SAGHIR AHMAD, D.P. WADHWA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Evidence Act Section 73; Contract Act Section 70, 72

Headnote

B Contract Act, 1872: Sections 70 and 72. c I Undue enrichment-Privily of contract-Lack of -Plaintiff entered into an agreement to sell, with defendant No. 2, on being so authorised in writing and signed by defendant 1 (owner)-Plaintiff paid Rs. 1 lakh each to defendants Nos. 1 and 2-Agreement to decreed against defendant No. 2, but dismissed against defendant 1 for lack privily . of contract-Held: Lack of privily of contract is a specious plea when defendant D No. 1 received the money and payment was not gratuitously made-High Court and Trial Court not attentive to

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