Supreme Court · 2019 INSC 923 · Decided 20 August 2019

Tilak Raj Bakshi v. Avinash Chand Sharma (Dead) Through LRS. & Others

Court
Supreme Court of India
Citation
2019 INSC 923 · [2019] 10 S.C.R. 251
Case number
CIVIL APPEAL No. 1524/2019
Decided
20 August 2019
Bench
ASHOK BHUSHAN, K.M. JOSEPH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act Section 93; Contract Act Section 29; Specific Relief Act Section 20

Headnote

Suit - Right of pre-emption - When not applicable - Father of the appellant-plaintiff executed will of the suit scheduled property in favour of his three sons, the plaintiff, first defendant and third defendant - Suit for specific performance filed alleging that the first plaintiff 's written concurrence, sold the suit property to the first respondent-second defendant, thus violating Clause (5) of the agreement entered between the three brothers - Trial court decreed the suit - Appellate Court dismissed the second defendant's appeal -

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