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Supreme Court of India 2017-11-06 dismissed

Suresh Kumar through GPA vs Anil Kakaria & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant claimed ownership of a plot of land based on an alleged 1980 agreement to purchase and a purported will, and filed suit in 1992 for declaration and injunction against the sale by legal heirs to a third party. The trial court, appellate court, and high court all dismissed the suit, finding the agreement and will not proved. The Supreme Court upheld the dismissal, holding that the concurrent findings of three courts cannot be disturbed, the suit was misconceived (lacking proved agreement), filed outside the limitation period, and pursued through the wrong remedy (declaration instead of specific performance). The appeal was dismissed as wholly without merit.

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Civil Procedure Evidence Limitation Period Property Rights Agreement to Sell Specific Performance Concurrent Findings of Fact

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