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january 2008

Supreme Court of India · 2008-01-18

Pratap Lakshman Muchandi & Ors vs Shamlal Uddavadas Wadhwa & Ors

Citation / case number
AIR 2008 SUPREME COURT 1378
Court
Supreme Court of India
Petitioner
Pratap Lakshman Muchandi & Ors
Respondent
Shamlal Uddavadas Wadhwa & Ors
Author
A.K.Mathur
Bench
A.K.Mathur, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the Trial Court's decree directing defendants to execute a sale deed under the agreement dated 24.4.1982, emphasizing that the agreement was valid despite defendants' claims of adverse possession and lack of possession. The Court reiterated that the plaintiff's suit was maintainable as the defendants failed to execute the sale deed within the stipulated time, thus establishing the enforceability of agreements to sell in property disputes. The appeals against the Karnataka High Court's order were dismissed, affirming the lower court's decision.

Pratap Lakshman Muchandi & Ors vs Shamlal Uddavadas Wadhwa & Ors · Niyam