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PETITIONER: KALYANPUR LIME WORKS LTD.
Vs.
RESPONDENT: STATE OF BIHAR AND ANOTHER.
DATE OF JUDGMENT: 14/12/1953
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM MUKHERJEA, B.K. JAGANNADHADAS, B.
CITATION: 1954 AIR 165 1954 SCR 958 CITATOR INFO : R 1964 SC1789 (7) R 1979 SC1701 (5) F 1980 SC1109 (5)
ACT: Indian Contract Act (IX of 1872), ss. 20 and 21-Mistake as to fact and mistake as to law-Government of India Act (5 and 6 Geo. 5 Ch. 61; 6 and 7 Geo. 5 Ch. 37; and 9 and 10 Geo. 5 Ch. 101), s. 30 Contract granting lease for quarrying lime- stone-Whether falls within the section-Civil Procedure Code (Act V of 1908), Or. VI, r. 8 and Or. VIII, r. 2-Denial of contract-Absence of a specific plea of unenforceability- Specific Relief Act (Act I of 1877), ss. 15 and 18(a)- Purchaser’s right against vendor with imperfect title- Specific performance of part of contract where part unperformed is large.
HEADNOTE: The Government of Bihar (defendant No. 1) gave a lease of hills on April 1, 1928, to K (a company) for a period of 20 years for the purpose of quarrying lime-stones with a condition attached thereto that it would not assign its lease-hold rights to anyone without its consent. In 1933 K assigned its lease-hold rights to one Bose by an unregistered deed handing over the possession of the leased ...