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Supreme Court of India 2018-04-10 dismissed

Baxis Singh vs Sukhdev Singh (dead) Thru. Lrs. & Ors

Bench: 2 — S. Abdul Nazeer

In Brief

A seller of agricultural land agreed to sell the property but later refused to execute the sale deed. The buyer sued for specific performance. The trial court granted the relief, but the High Court reversed it, finding that a second party had established superior ownership through a valid Will and prior revenue court proceedings. The Supreme Court upheld the High Court, ruling that the seller lacked title to grant the property. The buyer's remedy was refund of paid amounts with 6% interest per annum rather than specific performance, as the seller could not convey what she did not own.

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Contract Law Specific Performance Property Law Land Disputes Succession Law

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