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Supreme Court of India 2019-01-28 partly_allowed

Vijay A. Mittal & Ors vs Kulwant Rai (Dead) Thr. LRs. & Anr

Bench: 2 — Abhay Manohar Sapre

In Brief

The Supreme Court upheld a suit for specific performance of a sale agreement dated 1979 between the original defendant (Karta of a Joint Hindu Family) and the plaintiffs. Though the defendant later sold the property to others, the Court found this sale collusive and bad in law. The Court held that the agreement was binding on the defendant's legal representatives, as evidenced by a coparcener being a signatory. The Court modified the decree to require deposit of mutual monetary adjustments and joint execution of the sale deed by all parties, balancing equities and preventing further litigation that had been pending since 1982.",

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Specific Performance Joint Hindu Family Property Contract Law Succession Law Civil Procedure Equity and Equitable Relief

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