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february 1996

Supreme Court of India · 1996-02-19

DEV RAJ (D) BY LRS. vs HARBANS SINGH (D) BY LRS.

Citation / case number
SC 1995/11844
Court
Supreme Court of India
Petitioner
DEV RAJ (D) BY LRS.
Respondent
HARBANS SINGH (D) BY LRS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that in a conditional sale, if the conditions are not fulfilled, the sale becomes voidable. The appellant, having discharged the loan secured by the property, retained ownership despite the sale to the respondent, who failed to comply with the conditions. The Court restored the trial Court's decree, concluding that the respondent did not prove discharge of the loan, thus allowing the appellant's suit for declaration and injunction under relevant property laws.

DEV RAJ (D) BY LRS. vs HARBANS SINGH (D) BY LRS. · Niyam