Supreme Court · 2004 INSC 439 · Decided 11 August 2004
Sudhir Jaggi and ANR. v. Sunil Akash Sinha Choudhury and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 439 · [2004] SUPP. 3 S.C.R. 471
- Case number
- CIVIL APPEAL No. 6408/2002
- Decided
- 11 August 2004
- Bench
- ASHOK BHAN, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 6
Headnote
B Specific Relief Act, 1963-Section 6-Agreement of sale-Developer handing over possession of flats-Buyer carried out work of permanent nature and had also keys of the flats with him-Developer sold flats to other parties on account of non-payment of full consideration amount by buyer- C of buyer-Correctness of-Held : Courts below rightly decreed the suit since dominion/control over the suit flats was with the buyer and he was dispossessed without observing the due process of law. D Buyer entered into an agreement with the developer-appellant in one of the appeals, for purchase
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