Supreme Court of India · 2006-04-25
MST, SUGANI vs RAMESHWAR DAS
- Citation / case number
- SC 1999/15485
- Court
- Supreme Court of India
- Petitioner
- MST, SUGANI
- Respondent
- RAMESHWAR DAS
- Author
- ARIJIT PASAYAT
- Bench
- TARUN CHATTERJEE ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed the appeal against the Allahabad High Court's judgment allowing a Second Appeal under Section 100 CPC, which reversed the trial court's decree. The Court held that the agreement to sell dated 13.12.1975 was valid, and the subsequent sale deed executed by Mahadeo in favor of respondents 1 & 2 was null and void due to lack of notice and knowledge of the prior agreement. The Court emphasized the necessity of proving the execution of the agreement and the readiness of the appellant to perform her part, thereby upholding the trial court's findings.