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1987 Supreme(Bom) 97

SHARAD MANOHAR
Ramprasad Ramchandra Rathod – Appellant
Versus
Manik Radhakisan Misal & others – Respondent


Judgment

SHARAD MANOHAR, J.:---Apart from the various factual questions involved in this Appeal, an interesting question under the Hindu Law as to the power of a Hindu father to enter into an Agreement of Sale of immovable property belonging to his sons for the payment of antecedent debt and/or legal necessity and as to the power of the Court to grant specific performance of such agreement arises in this appeal.

2. The appeal arises out of the suit for specific performance filed by the present appellant (who will be referred to hereinafter as the plaintiff) against the respondents (original defendants). The suit has been dismissed by the trial Court by taking a somewhat peculiar view as regards the relevant principles of the Hindu Law and hence this appeal.

I am stating the facts of the case, in some details, at this stage it selfs. Most of them are admitted facts. Whenever there is any dispute about a particular fact, I will indicate the nature of the dispute in the course of the statement. All the parties will be referred to with reference to their position in the trial Court, that is to say as plaintiff or defendant etc.

(a) House Municipal No. 6821 (C.T.S. No. 185) admeasures 54










































































































































































































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