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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