R.V.RAVEENDRAN, P.SATHASIVAM
Alka Bose – Appellant
Versus
Parmatma Devi – Respondent
Based on the provided legal document, here are the key points:
Judgment :
P. Sathasivam, J.
1) Challenge in this appeal is to the order dated 7.9.1999 passed by the Division Bench of the High Court of Patna, Ranchi Bench allowing L.P.A. No.29 of 1993 (R) filed by Smt. Parmatma Devi - first respondent herein.
2) The facts of the case, in a nutshell, are as follows:
By virtue of a written agreement of sale on 7.9.1979, one Kanika Bose (since deceased) had agreed to sell to the first respondent the southern portion of house being Holding No. 786-C, Ward No.1, Mohalla Barmasia under Giridih Municipality for a consideration of Rs.34,500/-. The first respondent paid a sum of Rs.2001/-as earnest money and part payment and a further sum of Rs.2000/-on 10.10.1979 to Kanika Bose on a condition that the sale deed would be executed within three months and balance consideration money would be paid at the time of execution of the sale deed. As Kanika Bose did not execute the sale deed, on 6.12.1979, the first respondent instituted suit being T.S. No. 54 of 1979 for specific performance in the Court of Subordinate Judge, Giridih, Bihar. In the said suit, the defendant - Kanika Bose filed her written statement denying the averments made in the plaint. By judgm
None of the provided case law snippets indicate that *Aloka Bose vs. Parmatma Devi* (the primary case cited across the list) has been overruled, reversed, or invalidated.
However, **RAMESH CHANDRA AGRAWAL VS BITTA DEVI @ BITTO - 2015 0 Supreme(All) 1239** contains the following pertinent information: "...Bitta Devi @ Bitti W/o Aedal Singh as sole defendant. ... Bitta Devi @ Bitti) is hereby set aside. The appeal is allowed." While this snippet references *Aloka Bose* as a secondary authority, the underlying matter regarding "Bitta Devi" appears to have been subject to a judicial reversal (set aside). As the context of the reversal relates to the specific appeal mentioned, it is categorized here as "bad law" in the context of that specific litigation.
**Followed / Relied Upon**
The overwhelming majority of the provided snippets utilize *Aloka Bose vs. Parmatma Devi* (2009) 2 SCC 582 as binding precedent. Courts consistently "relied upon" or "followed" the ratio that an agreement of sale does not necessarily require the signature of the vendee to be valid/enforceable.
* **Representative examples include:**
* **Boddu David Satyanandam VS Bussa Chandra Paul - 2010 0 Supreme(AP) 384:** "Further strong reliance was placed on Aloka Bose..."
* **Vasu @ Bhaskaran VS Parukutty Amma - 2012 0 Supreme(Ker) 61:** "...there is no scope any more for anybody to contend that an agreement for sale..."
* **Shikha Misra VS S. Krishnamurthy - 2014 0 Supreme(Del) 1171:** "...laying down that an Agreement to Sell signed by the vendor alone and delivered..."
* **N. Sankaran VS R. Shanmuga Raj - 2021 0 Supreme(Mad) 818:** "...it has been clearly held that an agreement of sale signed only by the vendor is valid..."
**Consistent Application**
These cases cite *Aloka Bose* as the standard-bearer for the principle of contract validity regarding non-signatory parties or oral contracts.
* **L. M. WALTER (SINCE DECEASED) THROUGH LRS. VS ONKAR GIRI (NOW DECEASED) THROUGH LRS. - 2016 0 Supreme(Del) 3480, ISHWAR SINGH DECD. THROUGH LRS. VS SURAJ BHAN - 2016 0 Supreme(Del) 3629, Baljinder Singh VS Jarnail Singh - 2017 0 Supreme(P&H) 101, Devenderjeet Singh Sethi VS Om Prakash Arora - 2019 0 Supreme(Del) 2541:** These represent the standard judicial pattern of invoking the *Aloka Bose* dicta to confirm the validity of contracts.
**Padam Jain, S/o Shri Gyanmal Jain vs Hemrai (Died) Through Legal Heirs - 2025 0 Supreme(Chh) 534:** This case references "Durga Devi and another, 2010(1) CGLJ 355; Haldhar Patel and others Vs." in conjunction with *Aloka Bose*. The treatment is unclear because the snippet lists multiple citations without explicitly clarifying the relationship between the validity of *Aloka Bose* and the other mentioned cases.
**Hemant VS Indirabai - 2018 0 Supreme(Bom) 492 and Hemant S/o Ramchandra Ingole VS Naresh S/o Trimbakrao Ingole - 2018 0 Supreme(Bom) 1977:** These contain references to *Sohan Devi* (2016) and *Vasanthakumary*. While they rely on *Aloka Bose*, they integrate several other citations, making the specific hierarchy of authority regarding the *Aloka Bose* application ambiguous in those specific proceedings compared to the straightforward citations elsewhere.
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