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october 2005

Supreme Court of India · 2005-10-21

S. Brahmanand And Ors vs K. R. Muthugopal (D) And Ors

Citation / case number
AIR 2006 SUPREME COURT 40
Court
Supreme Court of India
Petitioner
S. Brahmanand And Ors
Respondent
K. R. Muthugopal (D) And Ors
Bench
B. N. Srikrishna, C. K. Thakker

Judgment text excerpt

The Supreme Court upheld the High Court's decision to set aside the trial court's decree in Original Suit No. 647/95, emphasizing that the agreement dated 10.3.1989 was subject to existing litigation and interim orders that restricted the transfer of the property. The Court clarified that the plaintiffs were aware of the legal impediments at the time of entering into the agreement, which rendered the contract unenforceable. The Court held that the plaintiffs could not claim specific performance of the agreement due to the lack of clear title and the ongoing disputes regarding the property.

S. Brahmanand And Ors vs K. R. Muthugopal (D) And Ors · Niyam