In Brief
In this property dispute, the appellants (successors to Leeladhar) appealed against a decree for specific performance of an agreement to sell 18 bighas of land to Deshraj (father of the respondents) for Rs.40,000 in 1985. The appellants argued the agreement was a sham to secure a loan. However, all lower courts found this was a genuine agreement to sell: Rs.40,000 was fully paid and possession transferred. The Supreme Court held that once concurrent findings establish a valid agreement to sell with full consideration paid and possession given, specific performance must be decreed and the seller cannot invoke discretionary grounds to escape enforcement. The appeal was dismissed."
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