Friday 23 May 2014

Status of property, whether ancestral (i.e. joint family property) or not is relevant issue in suit for specific performance of contract

Chebrol Sriramalu v. Vakalapudi Satyanarayana, (2013) 9 SCC 404
Contract and Specific Relief
Specific Relief Act, 1963
S. 10 - Suit for specific performance of agreement of sale of immovable property - Relevant issues - Status of property,
whether ancestral (i.e. joint family property) or not - Relevant and significant issue for effective disposal of suit - Despite
appellant-defendant seller's statement before trial court that property in question was joint family property in response to
specific question put to him, trial court decreed suit in favour of respondent-plaintiff buyer without framing an additional
issue regarding status of property - High Court dismissed appellant-defendant's appeal - Matter sent back to trial court to
frame additional issue regarding status of property, after affording both parties opportunity to lead their further evidence,

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