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.