Supreme Court · 2005 INSC 501 · Decided 7 October 2005
P.C. Varghese v. Devaki Amma Balambika Devi and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 501 · [2005] SUPP. 4 S.C.R. 267
- Case number
- CIVIL APPEAL No. 1984/2002
- Decided
- 7 October 2005
- Bench
- S.B. SINHA, R.V. RAVEENDRAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 12(3), 20, 12
Headnote
B Specific Relief Act, 1963-Section 12(3)-Suitfor specific performance of sale of immovable property-Minor's share subject to court permission­ During pendency of suit court permission rejected in respect of minor's share- C Prayer of plaintiff amended to exclude minor's share-Held, relief of contract was not subject to court permission. Section 22(J)(a)-Plaintiff in a specific pe1formance suit seeking partition and separate possession a major portion of property excluding minor's share- D No objection to the prayer raised by defendants-Minor share also made party through
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)