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.