Supreme Court · 2004 INSC 281 · Decided 16 April 2004
Pukhraj D. Jain and ORS. v. G. Gopalakrishna
- Court
- Supreme Court of India
- Citation
- 2004 INSC 281 · [2004] SUPP. 1 S.C.R. 324
- Case number
- CIVIL APPEAL No. 2082/1998
- Decided
- 16 April 2004
- Bench
- S. RAJENDRA BABU, G.P. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 10, 47, 48, 151; Limitation Act Section 54; Specific Relief Act Section 16C, 16
Headnote
Civil Procedure Code, 1908; Ss. 10, 47, 48 and 151/Limitation Act, 1963; Article 54/Specific Relief Act, 1963; Section 16C: Agreement to sell property-Payment of part consideration by first party­ purchaser-Transfer of part possession by owner-Rescinding the contract first party filed a suit one for specific performance of the agreement of sale-Rejected by trial Court on the ground of limitation- D Owner sold the property to another party and transferred possession thereof­ Suit decreed by trial Court for recovery of the amount....,....Challenged by judgment creditor himself by
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