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july 2008

Supreme Court of India · 2008-07-11

Gauri Shankar Prasad & Ors vs Brahma Nand Singh

Citation / case number
AIR 2009 SC (SUPP) 917
Court
Supreme Court of India
Petitioner
Gauri Shankar Prasad & Ors
Respondent
Brahma Nand Singh
Author
Arijit Pasayat
Bench
P. Sathasivam, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the appeal under Section 100 of the Code of Civil Procedure, 1908, concerning a dispute over the re-conveyance of land following a sale agreement. The Court held that the plaintiffs-appellants had a right to re-convey the land as they had made partial payments and the defendant-respondent failed to fulfill the contractual obligation to re-convey despite receiving the consideration. The judgment of the Jharkhand High Court was set aside, and the plaintiffs' right to re-convey the land was upheld, reinforcing the principle that contractual obligations must be honored when conditions are met.

Gauri Shankar Prasad & Ors vs Brahma Nand Singh · Niyam