Supreme Court · 2004 INSC 629 · Decided 1 November 2004
Kumar Dhirendra Mullick and ORS. v. Tivoli Park Apartments (P) LTD.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 629 · [2004] SUPP. 5 S.C.R. 800
- Case number
- CIVIL APPEAL No. 7234/1999
- Decided
- 1 November 2004
- Bench
- ASHOK BHAN, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151; Constitution Article 142; Specific Relief Act Section 28, 151
Headnote
Specific Relief Act, 1963; Section 28: Trust Estate-Transfer to lessee for a certain period and transfer by C lessee to assignee for remaining period in terms of lease deed-Oral agreement for renewal of the deed between Trustee and assignee on payment of increased rent and premiu~-Part to transfer the property with another party-Title Suit-Decreed by Trial Court on ground of default -Application D for Specific Reliefjiled by Trustees on ground that the assignee not ready and willing to pay.the balance consideration-Trial Court rescinded the agreement and recalled the
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