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february 2003

Supreme Court of India · 2003-02-14

M.V. SHANKAR BHAT vs CLAUDE PINTO SINCE (D) BY LRS.

Citation / case number
SC 1996/77384
Court
Supreme Court of India
Petitioner
M.V. SHANKAR BHAT
Respondent
CLAUDE PINTO SINCE (D) BY LRS.
Author
S.B. SINHA
Bench
AR. LAKSHMANAN S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the issue of specific performance of a contract under the Indian Contract Act, 1872, particularly focusing on the enforceability of agreements made by an executor of a will. The Court held that the agreement for sale entered into by the executor, Defendant No.1, was valid and enforceable despite the need for ratification by co-heirs, as the executor had the authority to manage the estate. The Court affirmed the lower court's decision to grant specific performance in favor of the plaintiffs, emphasizing the executor's obligations under the will and the agreement.

M.V. SHANKAR BHAT vs CLAUDE PINTO SINCE (D) BY LRS. · Niyam