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2002 Supreme(Cal) 510

Dilip Kumar Seth, Joytosh Banerjee
Sumita Mahanty – Appellant
Versus
Banashree Banerjee – Respondent


Advocates:
Advocate Appeared:
Mihir Lala Bhattacharyya, Subrata Kumar Dutt, Baisali Ghoshal for the appellant;

JUDGMENT

D. K. Seth, J.: Seeking enforcement of a contract for sale entered into by the plaintiff with the deceased husband of the defendant No.1, after pleading devolution of the property upon the wife, defendant No.1 through a Deed of Gift executed by the husband subsequent to the contract for sale, is an unfruitful exercise. As soon the transfer of interest by Deed of Gift is accepted and the deed of gift is treated as valid, the agreement for sale entered into prior to the execution of deed of gift can no more be enforced as against the donor. Acceptance of the authority to transfer by way of gift operates as an estoppel as against the person, who accepts this transfer and acts upon such transfer as a valid transfer, either to assail such transfer 'and object to the passing of the right or interest in the property to the donee, or to enforce a contract for sale entered prior to such transfer.

2. Therefore, the plaintiff cannot enforce her specific performance of an agreement based on the agreement executed by 'the husband of the defendant No. 1. However, she has every right to enforce specific performance of the agreement, if entered into, between herself and the defendant No. 1












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