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august 1995

Supreme Court of India · 1995-08-14

INDUBEN ASHOKRAO NALVADE(DEAD) BY LRS. vs DHIRAJLAL SHIVLAL SURATI

Citation / case number
SC 1993/88980
Court
Supreme Court of India
Petitioner
INDUBEN ASHOKRAO NALVADE(DEAD) BY LRS.
Respondent
DHIRAJLAL SHIVLAL SURATI
Author
S.B. Majmudar
Bench
MAJMUDAR S.B.

Judgment text excerpt

The Supreme Court upheld the decision of the Gujarat High Court, affirming the dismissal of the plaintiff's appeal for specific performance of a sale agreement under Section 10 of the Specific Relief Act, 1963. The Court found that the plaintiff failed to prove the existence of a valid agreement for the sale of the entire property, as the agreement dated 16th July 1974 did not reflect the total consideration paid. The Court emphasized that the plaintiff's inability to understand the Gujarati language did not invalidate the agreement, and thus the appeal was dismissed.

INDUBEN ASHOKRAO NALVADE(DEAD) BY LRS. vs DHIRAJLAL SHIVLAL SURATI · Niyam