ALOKA BOSE versus PARMATMA DEVI & ORS.

ALOKA BOSE versus PARMATMA DEVI & ORS.

An agreement of sale signed only by the vendor, delivered to and accepted by the purchaser, is valid and enforceable. Plaintiff had fulfilled conditions for specific performance under Section 16(c) of the Specific Relief Act.

Parties
Appellant: Aloka Bose; Respondent: Parmatma Devi; Defendant (since Deceased): Kanika Bose
Jurisdiction
India
Judgment Date
17 December 2008
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Validity of Agreement Signed Only by Vendor, Specific Performance of Contract, Section 10 Contract Act, Section 16(c) Specific Relief Act
Contract Law Specific Performance Validity of Agreement Signed Only by Vendor Specific Performance of Contract Section 10 Contract Act Section 16(c) Specific Relief Act

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Parties

Aloka Bose

Appellant

Parmatma Devi

Respondent

Kanika Bose

Defendant (since Deceased)

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether an agreement of sale executed only by the vendor, and not signed by the purchaser, is valid
  2. 2 Whether the plaintiff satisfied conditions under Section 16(c) of the Specific Relief Act for specific performance

Ratio Decidendi

An agreement of sale signed only by the vendor, delivered to and accepted by the purchaser, is valid and enforceable. Plaintiff had fulfilled conditions for specific performance under Section 16(c) of the Specific Relief Act.

Court Disposition

Appeal dismissed

Orders

  • Judgment and decree of trial court restored
  • Division Bench judgment affirmed