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july 2007

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.

HARIDAS DAS vs USHA RANI BANIK . · Niyam