SURESH KUMAR THROUGH GPA versus ANIL KAKARIA & ORS.

SURESH KUMAR THROUGH GPA versus ANIL KAKARIA & ORS.

Appellant's suit was rightly dismissed as he failed to prove the agreement to sell or will; he had no title or locus to file the suit, and had not sought the proper remedy of specific performance within limitation. Concurrent findings of three courts below not shown to be perverse or contrary to law and are binding.

Parties
Appellant: Suresh Kumar Through GPA; Respondents: Anil Kakaria & Ors.
Jurisdiction
India
Judgment Date
06 November 2017
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Against Dismissal in Second Appeal
Outcome
Appeal dismissed
Legal Topics
Agreement to Sell, Title and Possession, Declaration and Injunction, Limitation on Suits
Transfer of Property Civil Procedure Limitation Agreement to Sell Title and Possession Declaration and Injunction Limitation on Suits

Case Brief

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Parties

Suresh Kumar Through GPA

Appellant

Anil Kakaria & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave Against Dismissal in Second Appeal

Legal Issues

  1. 1 Whether the transfer made by respondent nos. 1 to 3 in favour of respondent no. 4 is null and void
  2. 2 Whether the appellant is entitled to be declared as the owner or in possession of the suit land
  3. 3 Whether mandatory injunction should be issued against respondents to transfer the land to the appellant

Ratio Decidendi

Appellant's suit was rightly dismissed as he failed to prove the agreement to sell or will; he had no title or locus to file the suit, and had not sought the proper remedy of specific performance within limitation. Concurrent findings of three courts below not shown to be perverse or contrary to law and are binding.

Court Disposition

Appeal dismissed

Orders

  • The appeal thus fails and is accordingly dismissed.