Supreme Court · 1969 INSC 187 · Decided 18 August 1969
Ouseph Varghese v. Joseph Aley & ORS.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 187 · [1970] 1 S.C.R. 921
- Case number
- CIVIL APPEAL No. 1782/1966
- Decided
- 18 August 1969
- Bench
- K.S. HEGDE, A.N. RAY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act
Headnote
Specific Relief Act 1877 (! of 1877), s. 12-Suit for specific per/or· mance of oral agral'/'Jtnt to re..convey property sold through sale-deed- ",I Burden of proof on. plflintiff is heavy-Court will rarely grant specific per-. .· formance of contrtICI <Vz the basis of oral of property to plaintiff at certain price-Offer not ~eptdd by plaintiff-Court can not pass decr_ee in favour of plaintiff on the basis of such. offer-Costs where both parties have withheld facts from Court. ' - i / The plaintiff as' ozl.iinal owner of the suit properties sold the same to the
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