MRS. VIJAYA SHRIVASTAVA versus M/S. MIRAHUL ENTERPRISES AND ORS.

MRS. VIJAYA SHRIVASTAVA versus M/S. MIRAHUL ENTERPRISES AND ORS.

Division Bench of the High Court erred by not providing findings on all inter-connected issues framed by the trial court. Orders remand for determination of all issues, including collusion and bona fide purchaser status.

Parties
Appellant: Mrs. Vijaya Shrivastava; Respondents: Mirahul Enterprises and Ors.
Jurisdiction
India
Judgment Date
19 July 2006
Procedural Posture
Civil Appeal / Order Directing Remand to Division Bench for Findings on All Issues
Outcome
Appeals kept pending; matter remanded to Division Bench of Delhi High Court to return findings on all issues.
Legal Topics
Specific Performance, Transfer of Property, Lis Pendens, Collusion in Property Transactions
Property Law Contract Law Specific Performance Transfer of Property Lis Pendens Collusion in Property Transactions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mrs. Vijaya Shrivastava

Appellant

Mirahul Enterprises and Ors.

Respondents

Procedural Posture

Civil Appeal / Order Directing Remand to Division Bench for Findings on All Issues

Legal Issues

  1. 1 Whether the suit agreement dated 2.11.1983 is binding on all parties
  2. 2 Whether the plaintiffs were ready and willing to perform their part of the agreement
  3. 3 Whether the sale to defendant no.6 was fraudulent, illegal, and not binding

Ratio Decidendi

Division Bench of the High Court erred by not providing findings on all inter-connected issues framed by the trial court. Orders remand for determination of all issues, including collusion and bona fide purchaser status.

Court Disposition

Appeals kept pending; matter remanded to Division Bench of Delhi High Court to return findings on all issues.

Orders

  • Registry to list civil appeals for further hearing on 4.12.2006.
  • Division Bench of Delhi High Court to give findings on all issues in RFA (OS) Nos.29, 30, 41 and 42 of 1996.