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april 2008

Supreme Court of India · 2008-04-29

HARDEO RAI vs SAKUNTALA DEVI .

Citation / case number
SC 2007/3759
Court
Supreme Court of India
Petitioner
HARDEO RAI
Respondent
SAKUNTALA DEVI .
Author
V.S. SIRPURKAR S.B. SINHA
Bench
V.S. SIRPURKAR S.B. SINHA

Judgment text excerpt

The Supreme Court held that the agreement to sell property, executed on 10th April 1978, was valid and enforceable under the Specific Relief Act, 1963. The Court found that the appellant's defenses, including claims of coercion and joint family property, were unsubstantiated, as the appellant failed to provide evidence of joint possession or partition. The Court upheld the trial court's decree for specific performance, thereby reversing the Patna High Court's decision that had set aside the trial court's ruling.

HARDEO RAI vs SAKUNTALA DEVI . · Niyam