Supreme Court of India · 2017-10-05
DHARMABIRI RANA vs PRAMOD KUMAR SHARMA (D) TH. LRS. .
- Citation / case number
- SC 2005/23458
- Court
- Supreme Court of India
- Petitioner
- DHARMABIRI RANA
- Respondent
- PRAMOD KUMAR SHARMA (D) TH. LRS. .
- Author
- ASHOK BHUSHAN
- Bench
- HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI
Judgment text excerpt
The Supreme Court upheld the dismissal of the Regular Second Appeal by the High Court of Delhi, affirming the findings of the Additional District Judge regarding the lack of enforceability of the agreement to sell dated 04.01.1987. The Court noted that the defendants denied the existence of the agreement and the authority of defendant No. 2 to act on behalf of defendant No. 1, leading to the conclusion that the plaintiff had no locus standi. The Court emphasized the necessity of proving the existence of a valid contract for specific performance under the Specific Relief Act, 1963, and upheld the lower courts' decisions.