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april 2009

Supreme Court of India · 2009-04-01

AHMMADSAHAB ABDUL MULLA (D) BY PROP. LRS vs BIBIJAN

Citation / case number
SC 1999/7280
Court
Supreme Court of India
Petitioner
AHMMADSAHAB ABDUL MULLA (D) BY PROP. LRS
Respondent
BIBIJAN
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & TARUN CHATTERJEE

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's decision allowing the second appeal for specific performance of a contract under Section 100 CPC. The Court clarified that the limitation period for filing the suit was extended due to the pendency of a prior suit questioning the title, as per Section 14 of the Limitation Act, 1963. The Court emphasized that the trial court's findings on the agreement and part performance were correct, and no hardship would be caused to the defendant by granting specific performance under Section 20 of the Specific Relief Act, 1963.

AHMMADSAHAB ABDUL MULLA (D) BY PROP. LRS vs BIBIJAN · Niyam