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august 2019

Supreme Court of India · 2019-08-20

TILAK RAJ BAKSHI vs AVINASH CHAND SHARMA(DEAD) THROUGH LRS.

Citation / case number
SC 2015/12242
Court
Supreme Court of India
Petitioner
TILAK RAJ BAKSHI
Respondent
AVINASH CHAND SHARMA(DEAD) THROUGH LRS.
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

Judgment text excerpt

The Supreme Court addressed the validity of a family arrangement and the enforceability of a sale agreement under specific performance principles. The Court held that the sale deed executed by the first defendant in favor of the second defendant was void due to violation of Clause (5) of the family agreement dated 31.03.1982, which required written concurrence for any sale. The Court upheld the trial court's decision that the plaintiff was entitled to specific performance of the agreement and declared the sale deed null and void, reinforcing the importance of adhering to family arrangements in property transactions.

TILAK RAJ BAKSHI vs AVINASH CHAND SHARMA(DEAD) THROUGH LRS. · Niyam