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Supreme Court of India 2017-10-09 allowed

Nadiminti Suryanarayan Murthy (Dead) through LRs vs Kothurthi Krishna Bhaskara Rao & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A property owner entered into a genuine agreement dated 18 January 1983 to sell a house to the plaintiff for Rs. 46,000. Before executing the sale deed, the owners sold the property to defendant 6 for Rs. 45,000 on 9 February 1983, claiming an earlier agreement existed from 4 January 1983. The plaintiff sued for specific performance. The trial court and high court found the earlier agreement was fabricated to avoid the genuine agreement with the plaintiff. The Supreme Court upheld this decision, holding the genuine agreement must be specifically performed. It directed the defendants to execute the sale deed to the plaintiff and required defendant 6 to join in the conveyance. The defendants were ordered to refund the consideration received from defendant 6 to prevent unjust enrichment.</summary_100> </invoke>

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Specific Performance Contract Law Succession Property Law Breach of Contract

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