Supreme Court of India · 2006-08-18
DYANESHWAR R.R. PATANGE vs BHAGIRATHIBAI
- Citation / case number
- SC 1999/10038
- Court
- Supreme Court of India
- Petitioner
- DYANESHWAR R.R. PATANGE
- Respondent
- BHAGIRATHIBAI
- Author
- ARIJIT PASAYAT
- Bench
- LOKESHWAR SINGH PANTA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's decision that the plaintiff, as a legal heir of the deceased, was competent to file a suit for specific performance of a contract under Section 10 of the Specific Relief Act, 1963. The Court found that the execution of the sale agreement was admitted by the defendant, thus the appellate court's conclusion that the agreement was not proved was unjustified. The judgment of the first appellate court was set aside, restoring the trial court's decree in favor of the plaintiff.