Lis pendense sale deed need not cancelled

 

Citation

AIROnline 2019 SC 606

2019(3) SCC 520

SUPREME COURT

ABHAY MANOHAR SAPRE , J. and INDU MALHOTRA , J.

CIVIL APPEAL - 5177 of 2009 D/- 28 - 1 - 2019

Vijay A. Mittal and Ors. v. Kulwant Rai (Dead) Thr. LRs. and Anr.

Specific Relief Act (47 of 1963), S.20 - Contract Act (9 of 1872), S.55 - Suit for specific

performance - Agreement to sale - Plea of coparceners of original defendant that since property

is joint family property original defendant was not competent to sell suit property and there

were also no legal necessity - Fact that one son of original defendant was signatory to agreement

is sufficient to draw a presumption that agreement to sell was made by consent of other

coparceners -Plaintiff entitled to relief claimed.

 (Paras 43, 44, 45, 46)