Supreme Court · 1988 INSC 9 · Decided 13 January 1988
Sushil Kumar & ANR. v. Ram Prakash & ORS.
- Court
- Supreme Court of India
- Citation
- 1988 INSC 9 · [1988] 2 S.C.R. 623
- Case number
- CIVIL APPEAL No. 1576/1987
- Decided
- 13 January 1988
- Bench
- B.C. RAY, K. JAGANNATHA SHETTY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 38
Headnote
B )' Specific Relief Act, 1963-The right of a coparcener to maintain a suit for permanent injunction under section 38 of, restraining the mana- l ger or Karta of Joint Hindu Family from alienating or selling the joint Hindu coparcenary property-Whether such suit is maintainable. - ' Per B.C. Ray, executed an agreement to sell the suit property and received a sum of Rs.S,000 as earnest money. He, however, refused to execute the sale deed. The defendant No. 2 Jai Bhagwan, instituted a D suit in the Court of the Sub-Judge for specific performance of the agree- ,,. ment and in tlie alternative
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