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november 1996

Supreme Court of India · 1996-11-18

NIVARTI GOVIND INGALE & DORS. vs REVANAGOUDA BHIMANAGOUDA PATIL

Citation / case number
SC 1994/12829
Court
Supreme Court of India
Petitioner
NIVARTI GOVIND INGALE & DORS.
Respondent
REVANAGOUDA BHIMANAGOUDA PATIL
Author
G.B. PATTANAIK K. PAMASWAMY
Bench
G.B. PATTANAIK K. PAMASWAMY

Judgment text excerpt

The Supreme Court held that the agreement of re-conveyance executed by Radhabai in favor of the respondent's father, who was a minor, is enforceable as the father is bound by the agreement. The Court found that the High Court's reasoning, which denied specific performance on the grounds that the agreement was not for the benefit of the minor, was flawed. The Court restored the trial court's decree for specific performance, emphasizing that any subsequent purchaser is bound by the doctrine of lis pendens. The appeal was allowed, and the High Court's order was set aside.

NIVARTI GOVIND INGALE & DORS. vs REVANAGOUDA BHIMANAGOUDA PATIL · Niyam