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april 2005

Supreme Court of India · 2005-04-11

Sona Bala Bora & Ors vs Jyotirindra Bhatacharjee

Citation / case number
AIRONLINE 2005 SC 198
Court
Supreme Court of India
Petitioner
Sona Bala Bora & Ors
Respondent
Jyotirindra Bhatacharjee
Author
Ruma Pal
Bench
Ruma Pal, C.K. Thakker

Judgment text excerpt

The Supreme Court held that the sale of property by Bhogirath to the respondent was void due to his lack of mental capacity, as established under Section 12 of the Indian Contract Act, 1872. The Court emphasized that the appellants had a preferential right to the property based on the compromise agreement dated 10th June 1977, which was breached by Bhogirath. Consequently, the Court set aside the lower court's judgment and ruled in favor of the appellants, restoring their rights to the property.

Sona Bala Bora & Ors vs Jyotirindra Bhatacharjee · Niyam