NARENDER SINGH Vs. JAI BHAGWAN
LAWS(SC)-2004-12-20
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on December 09,2004

NARENDER SINGH Appellant
VERSUS
JAI BHAGWAN Respondents

JUDGEMENT

Dharmadhikari, J. - (1.) Aggrieved by the grant of decree of specific relief of execution of Contract of Sale of the agricultural lands in suit by the first appellate court which has been confirmed by the High Court of Allahabad in Second Appeal, the legal representatives of the deceased defendant have preferred this appeal.
(2.) The suit for Specific Relief of agreement of sale was resisted by the original defendant mainly on the ground that he alone was not competent to enter into agreement of sale of the entire land in which his sons (now on record as legal representatives) had shares.
(3.) The trial court rejected the claim of Specific Performance of the Sale Agreement and granted only a decree for refund of the price paid as advance.;


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