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

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