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.