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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

A man (appellant) claimed he had an agreement to buy a plot of land from a deceased landowner and a Will in his favour. He sued the deceased's heirs and their buyer, seeking to cancel the sale and claiming ownership. Three courts rejected his suit, finding no proof of either the agreement or the Will. The Supreme Court upheld the dismissal, holding that the appellant had no valid claim once the foundational agreement failed, should have sought specific performance within three years instead of waiting 12 years, and that the suit was barred by time. The Court also noted the implausibility of an unrelated person receiving a Will when the deceased had two sons and a daughter.

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Civil Procedure Property Law Contract Law Specific Performance Limitation Concurrent Findings of Fact Locus Standi

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