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Sughar Singh vs. Hari Singh (D) Th. LR’s. & Ors. (SC)

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Specific Relief Act, 1963–Sec. 12–Transfer of Property Act, 1882–Sec. 52–Defendant nos. 2 to 5 purchased the suit property despite the knowledge of the agreement to sell in favour of the plaintiff–They purchased the suit land surreptitiously–Sale consideration mentioned in the sale deed is found to be doubtful–They cultivated the land and enjoyed the fruits of land while in possession–Balance tilt in favour of the plaintiff who is deprived to the possession–No discretion can be used in their favour on the ground of possession.