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Janardan Das & Ors. vs. Durga Prasad Agarwalla & Ors. (SC)

52.00 5.20

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Specific Relief Act, 1963–Sec. 12–Decree of suit by the High Court–Justification–As per agreement, the sale deed was to be executed before 30.09.1993 after obtaining the consent of three sisters of vendor as they had not joined the agreement–However, all the co-owners transferred the property in favour of appellants on 27.09.1973 through the sale deed–The appellants are the bona fide purchasers in goodfaith of the suit property for valuable consideration–They have acquired the rights in the property and there was no justification in disturbing the said sale deed–Further, the sale deed was not challenged by the plaintiffs even it was in existence on the day of filing the suit–Considering the discretionary nature of relief, granting specific performance would neither just nor equitable–Directions issued.