Supreme Court of India · 2000-05-03
A. Abdul Rashid Khan (Dead) And Ors. vs P.A.K.A. Shahul Hamid And Ors.
- Citation / case number
- 2000(6)ALT5(SC)
- Court
- Supreme Court of India
- Petitioner
- A. Abdul Rashid Khan (Dead) And Ors.
- Respondent
- P.A.K.A. Shahul Hamid And Ors.
- Author
- A.P. Misra
- Bench
- N. Santosh Hegde, A.P. Misra
Judgment text excerpt
The Supreme Court addressed the validity of a suit for specific performance under the Specific Relief Act, particularly focusing on whether an agreement for the sale of property was indivisible and required the consent of all heirs. The Court held that since the agreement was not signed by all necessary parties, specifically the sisters of the appellants, the suit for specific performance could not be decreed in its entirety. However, the Court affirmed the High Court's decision to grant specific performance to the extent of the appellants' shares, emphasizing that the appellants were bound to execute the sale deed for their respective shares as they had not fulfilled their obligations to obtain the sisters' signatures.