Supreme Court · 1996 INSC 1245 · Decided 29 October 1996

Nahar Singh v. Harnak Singh and ORS.

Court
Supreme Court of India
Citation
1996 INSC 1245 · [1996] SUPP. 8 S.C.R. 131
Case number
CIVIL APPEAL No. 13388/1996
Decided
29 October 1996
Bench
K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Constitution Article 136; Specific Relief Act

Headnote

B Specific Relief Act, 1963 : Immovable property-Agreement of sale-Specific performance of­ Trial Court without applying its mind regarding identifiability of property granted decree in respect of same-However, first appellate court on C examination of material on record came to positive place from where it was to be measured and khasra numbers thereof-First Appellate Court also found said agreement was entered into to save stamp duty and registration fee and, therefore, opposed to public policy and relief of specific performance could not be claimed-High Court D dismissed

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