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march 2006

Supreme Court of India · 2006-03-21

Haridas Das vs Smt. Usha Rani Banik & Ors

Citation / case number
AIR 2006 SUPREME COURT 1634
Court
Supreme Court of India
Petitioner
Haridas Das
Respondent
Smt. Usha Rani Banik & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, Tarun Chatterjee

Judgment text excerpt

The Supreme Court addressed the review application under Order XLVII Rule 1 of the CPC, concerning the reversal of a prior judgment in a property dispute. The Court held that the review was justified as the earlier decision did not consider critical facts regarding the oral agreement and subsequent actions of the parties involved. The Court affirmed the lower court's decree, thereby upholding the cancellation of the sale deed executed in favor of the respondent, establishing that a party cannot defeat a prior agreement through subsequent transactions that are fraudulent or illegal.

Haridas Das vs Smt. Usha Rani Banik & Ors · Niyam