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september 2024

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.

Janardan Das vs Durga Prasad Agrawalla · Niyam