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ALOKA BOSE vs. PARMATMA DEVI & ORS.

SCR Citation: [2008] 17 S.C.R. 822
Year/Volume: 2008/ Volume 17
Date of Judgment: 17 December 2008
Petitioner: ALOKA BOSE
Disposal Nature: Appeal Dismissed
Neutral Citation: 2008 INSC 1458
Judgment Delivered by: Hon'ble Mr. Justice P. Sathasivam
Respondent: PARMATMA DEVI & ORS.
Case Type: CIVIL APPEAL /6197/2000
Order/Judgment: Judgment
1. Headnote

Contract Act, 1872: s. 10 - Agreement Jo sell signed only by vendor and not by purchaser - Suit for specific performance ~ Maintainability of, challenged on the ground that agreement was not valid/concluded - Held: Agreement to sell signed by vendor alone and· delivered to purchaser, and accepted by purchaser was a valid contract - Moreover, vendor acknowledged receipt.of earnest money and further receipt of part of consideration amount - Evidence of witnesses also show that it was concluded contract- Notice by purchaser conveying willingness and readiness to paybalance sale consideration - Plaintiff entitled to decree for specific performance - Specific relief Act, 1963 - s.16(c). 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Contract Act
  • 1872: s
5. Equivalent citation
    Citation(s) 2009 AIR 1527 = 2009 (2) SCC 582 = 2009 (2) Suppl. SCC 582 = 2008 (16) SCALE 281