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december 2004

Supreme Court of India · 2004-12-09

Narender Singh & Ors vs Jai Bhagwan & Ors

Citation / case number
AIR 2005 SUPREME COURT 582
Court
Supreme Court of India
Petitioner
Narender Singh & Ors
Respondent
Jai Bhagwan & Ors
Bench
D.M. Dharmadhikari, H.K. Sema

Judgment text excerpt

The Supreme Court upheld the decree for specific performance of a contract of sale of agricultural land, confirming the decisions of the First Appellate Court and the High Court. The Court ruled that the plea of joint ownership raised by the legal representatives of the deceased defendant was barred by Section 49 of the UP Consolidation of Holdings Act, 1953, which restricts civil courts from adjudicating disputes over land included in consolidation proceedings. The Court emphasized that the sons of the deceased defendant failed to assert their ownership rights in the appropriate forum, thus validating the execution of the sale agreement.

Narender Singh & Ors vs Jai Bhagwan & Ors · Niyam