Supreme Court · 2008 INSC 140 · Decided 5 February 2008
Vimlesh Kumari Kulshrestha v. Sambhajirao and ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 140 · [2008] 2 S.C.R. 399
- Case number
- CIVIL APPEAL No. 2976/2004
- Decided
- 5 February 2008
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
) Specific performance: Agreement of sale between tenant ~ of a portion of a house and landlord - Suit for specific performance by tenant for enforcement of agreement - c Decreed - High Court set aside decree on the ground that agreement of sale was vague as she was tenant only of part of house Correctness of- Held: Correct - The agreement of sale referred to property where tenant was living and not any other property- As she was living in part of D property, only that was subject matter of sale and not the entire house - The legal maxim 'id certum est quad certum redid potest' is not
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