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october 2017

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.

DHARMABIRI RANA vs PRAMOD KUMAR SHARMA (D) TH. LRS. . · Niyam