Supreme Court · 2007 INSC 830 · Decided 14 August 2007
Rozan Mian v. Tahera Begum and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 830 · [2007] 8 S.C.R. 1013
- Case number
- CIVIL APPEAL No. 814/2005
- Decided
- 14 August 2007
- Bench
- H.K. SEMA, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 56
Headnote
Indian Contract Act, 1872; Section 56/Calcutta Thika Tenancy Act, 1949/Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981; Ss. 4, 5, 6, 7: Agreement for sale and purchase of Thika tenancy-One of the parties did not perform his part of contract, other party filing suit for specific A B c agreement to do an impossible act is void-By virtue of 1981 Act, thika tenant became the thika tenant under the State-The suit for D specific performance of agreement for sale decreed after the 1981 Act came into force in terms thereof the agreement itself became void-Thus no right accrued to
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