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april 1995

Supreme Court of India · 1995-04-17

S.V. R. MUDALIAR (DEAD) BY L.RS vs MRS. RAJABU F. BUHARI (DEAD)BY LRS.

Citation / case number
SC 1974/60177
Court
Supreme Court of India
Petitioner
S.V. R. MUDALIAR (DEAD) BY L.RS
Respondent
MRS. RAJABU F. BUHARI (DEAD)BY LRS.
Author
HANSARIA B.L.
Bench
HANSARIA B.L.

Judgment text excerpt

The Supreme Court addressed the appeal regarding the specific performance of a contract for reconveyance of property under the principles of contract law. The court examined whether the document Ex.P1, which purportedly established a reconveyance agreement, was genuine and whether it could be enforced against Mrs. Buhari, who was alleged to be an ostensible owner. The court held that the assignment of rights by the plaintiff's successors to third parties affected the relief sought, emphasizing that specific performance is a discretionary remedy. The appeal was ultimately dismissed, affirming the lower court's decision.

S.V. R. MUDALIAR (DEAD) BY L.RS vs MRS. RAJABU F. BUHARI (DEAD)BY LRS. · Niyam