Supreme Court · 2009 INSC 1270 · Decided 2 December 2009
M/S. Julien Educational Trust v. Sourendra Kumar Roy & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1270 · [2009] 15 S.C.R. 1260
- Case number
- CIVIL APPEAL No. 8081/2009
- Decided
- 2 December 2009
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Income Tax Act Section 12A
Headnote
Code of Civil Procedure, 1908: Or.-39, rr. 1and2 r/w s.151- Suit for specific perfonnance , C of contract - Prayer for interim injunction - Rejected by trial court - Appeal before High Court - Meanwhile suit property sold - Purchasers also implead as defendants and interim injunction granted High Court setting aside interim injunction - HELD: From the materials on record a prima facie case has been made out by the appellant Trust D as to the agreement for sale, which has to go to trial - Whether _ .. there was a concluded contract or not between the appellant Trust and respondent
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