Supreme Court of India · 2024-09-26
Janardan Das vs Durga Prasad Agrawalla
- Citation / case number
- 2024 INSC 778
- Court
- Supreme Court of India
- Petitioner
- Janardan Das
- Respondent
- Durga Prasad Agrawalla
- Author
- Vikram Nath
- Bench
- Pankaj Mithal, Vikram Nath
Judgment text excerpt
The Supreme Court upheld the High Court's decree for specific performance of the sale agreement dated 06.06.1993, emphasizing that the agreement was invalid due to lack of consent from co-owners (Defendant Nos. 6 to 8) and the limitations of Defendant No. 1's authority under the revoked General Power of Attorney. The Court reiterated that a valid sale requires the consent of all co-owners, and since the plaintiffs were aware of this requirement, their claim was untenable. The judgment of the High Court reversing the Civil Judge's decision was affirmed, thereby denying the plaintiffs' request for specific performance.