In Brief
The Supreme Court upheld the decree for specific performance of a 1979 sale agreement while modifying its terms. The original buyer (Kulwant Rai) had entered into an agreement with Amar Nath (Karta of a joint Hindu family) to purchase a property for Rs. 46,000. Amar Nath instead sold the property to others for a higher price. The lower courts found that one coparcener had signed the agreement, evidencing family consent, and decreed specific performance. The Supreme Court upheld this, holding the agreement binding on the legal heirs. To balance equities and end decades of litigation, it ordered the original defendant's heirs to refund Rs. 48,000 to the subsequent buyers, the original buyers to deposit Rs. 41,000 to the original defendant's heirs, and all parties to jointly execute the sale deed to transfer the property to the original buyers.
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