Supreme Court of India · 2007-07-16
HARIDAS DAS vs USHA RANI BANIK .
- Citation / case number
- SC 2004/5372
- Court
- Supreme Court of India
- Petitioner
- HARIDAS DAS
- Respondent
- USHA RANI BANIK .
- Author
- ARIJIT PASAYAT
- Bench
- D.K. JAIN DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed the review application under Order XLVII Rule 1 of the CPC, concerning a prior judgment in a property dispute involving an oral agreement for sale. The Court held that the review was justified due to the High Court's failure to consider critical facts regarding the appellant's possession and the fraudulent nature of the subsequent sale deed executed by Kalipada Das. The Court affirmed the dismissal of the Second Appeal and upheld the decree of the First Appellate Court, thereby reinforcing the appellant's rights over the property in question.