Month: March 2019
Is Personal Testimony Crucial in Specific Performance? SC Explains!
The Court held that the agreement to sell was void as it was not executed by all co-owners and the plaintiff’s non-appearance in the witness box undermined his case for specific performance of the contract (paras 6-7).
Is Possession Key for Hindu Female Ownership? SC Explains!
The Court held that the lack of possession by Smt. Nandkanwarbai or her adopted son, Kailash Chand, meant they could not claim ownership under Section 14(1) of the Hindu Succession Act, rendering the Revenue suit for partition unsustainable (paras 26-27).