VidhiSangh

Supreme Court of India · 05/10/2017

DHARMABIRI RANA versus PRAMOD KUMAR SHARMA (D) THR. LRS. & ANR.

[2017] 10 S.C.R. 122 · 2017 INSC 1005

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Summary

A purchaser sought specific performance of an alleged agreement made by one brother as attorney for another. Both defendants denied title and authority. The first appellate court found execution, title and agency unproved and reversed the trial decree. The Supreme Court upheld dismissal because the trial court had failed to determine the essential right to transfer the property.

Issues

  1. Whether specific performance could be decreed without proving execution, the alleged owner’s title and the representative’s authority.
  2. Whether the appellate findings disclosed a substantial question of law.

Held

Result

Civil appeal dismissed; dismissal of the suit for specific performance affirmed.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 122.