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april 2008

Supreme Court of India · 2008-04-29

Hardeo Rai vs Sakuntala Devi And Others

Citation / case number
AIR 2008 SUPREME COURT 2489
Court
Supreme Court of India
Petitioner
Hardeo Rai
Respondent
Sakuntala Devi And Others
Author
S.B. Sinha
Bench
S.B. Sinha, V.S. Sirpurkar

Judgment text excerpt

The Supreme Court held that the agreement to sell property was valid and enforceable under specific performance principles, emphasizing that the appellant failed to substantiate claims of coercion or joint family ownership. The Court noted that the appellant's defense lacked credible evidence, particularly regarding the alleged joint nature of the property. The judgment of the Patna High Court was set aside, and the trial court's decree for specific performance was upheld, reinforcing the enforceability of agreements under Section 10 of the Specific Relief Act, 1963.

Hardeo Rai vs Sakuntala Devi And Others · Niyam