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december 2011

Supreme Court of India · 2011-12-01

JOGENDRA RAM vs PHULLAN MILA (D) BY LRS. .

Citation / case number
SC 2006/28223
Court
Supreme Court of India
Petitioner
JOGENDRA RAM
Respondent
PHULLAN MILA (D) BY LRS. .
Author
SUDHANSU JYOTI MUKHOPADHAYA G.S. SINGHVI
Bench
SUDHANSU JYOTI MUKHOPADHAYA G.S. SINGHVI

Judgment text excerpt

The Supreme Court addressed the issue of whether the High Court should interfere with findings of fact made by the trial court and first appellate court under Section 100 of the Civil Procedure Code. The Court held that the trial court's findings regarding the validity of the sale deed executed by the defendant-first party in favor of the defendants-second party were sound, as the defendant-first party admitted the prior agreement with the plaintiff. The Court concluded that the suit for specific performance was maintainable and upheld the trial court's decision, thereby affirming the plaintiff's right to seek specific performance of the contract.

JOGENDRA RAM vs PHULLAN MILA (D) BY LRS. . · Niyam