Supreme Court · 2005 INSC 203 · Decided 13 April 2005
Umabai and ANR. v. Nilkanth Dhondiba Chavan BY LRS. and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 203 · [2005] 3 S.C.R. 521
- Case number
- CIVIL APPEAL No. 2583/2005
- Decided
- 13 April 2005
- Bench
- H.K. SEMA, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 58(c); Specific Relief Act Section 16(c)
Headnote
v. NILKANTH DHONDIBA CHA VAN BY LRS. AND ANR. APRIL 13, 2005 [H.K. SEMA AND S.B. SINHA, JJ.) Special Relief Act, 1963-Sections 16(c)-Specific performance of contract-Equitable relief-Grant of-Vendor executing sale deed of property A B in favour of vendee to repay his foan-On same day execution Plea raised by vendor that transaction was mortgage, safe stood redeemed, and was discharged from debt, prayed for decree of accounting are irreconcilable with plea that he had all along been ready and willing to perform his part of contract-Further vendor stated that he was not in a D
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