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august 2006

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.

DYANESHWAR R.R. PATANGE vs BHAGIRATHIBAI · Niyam