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Supreme Court of India 2019-08-13 partly_allowed

MADHUKAR NIVRUTTI JAGTAP vs PRAMILABAI CHANDULAL PARANDEKAR (DEAD) THR. LRS

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

This case involved a dispute over an agreement to sell agricultural land made in 1965. The sellers denied it was a sale, claiming it was a security document for a loan. Two lower courts agreed with them and refused to grant specific performance. The High Court reversed this, finding the documents were clearly sales agreements with no mention of any loan. On appeal, the Supreme Court upheld that the agreements were for sale and that the buyers had shown readiness and willingness to perform. However, given that the original buyers were deceased, their heirs had been kept waiting 50 years, and land values had changed dramatically, the Court awarded monetary compensation (Rs. 15 lakh) instead of forcing the sale.

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Property Law Specific Performance Transfer of Property Equity Lis Pendens

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