must lead to an inference that there was no consensus ad idem between the first plaintiff and the defendant and as such there ... suit on the basis of that document, therefore absence of consensus ad idem does not arise at all. If there was no consensus ad idem
Whether the Courts below were justified in
assuming that there was consensus ad idem as
between the parties insofar as the suit survey
number ... defendants are successful in their contention that there was no
consensus ad idem between the parties to understand the suit
property, the plaintiff should fail
Whether the Courts below were justified in
assuming that there was consensus ad idem as
between the parties insofar as the suit survey
number ... defendants are successful in their contention that there was no
consensus ad idem between the parties to understand the suit
property, the plaintiff should fail
between the parties, in respect of which the parties should be consensus ad idem and this burden of proof lies on the plaintiff seeking specific ... have, therefore, to be certain and the parties must have been consensus ad idem. The burden of showing the stipulations and terms of the contract
heavy burden lies on the
plaintiffs to prove that there was consensus ad-
idem between the parties for a concluded oral
agreement for sale
contend that when Exhibit P. 1 was executed there was 'Consensus ad idem' meeting of the mind between the contracting parties ... submit that Exhibit P. 1 would show that there was 'consensus ad idem' between the parties to the property to be sold
bind them. As the good old maxim goes, there must be consensus ad idem. This consensus ad idem could be gathered not by the words
cross-examination that he has not entered into agreement of
sale. Consensus-ad-idem is not made out by the plaintiff. The
advance amount paid ... there is valid concluded binding contract and if there
is no consensus-ad-idem, relief for specific performance cannot
be granted. It is the duty
this Court in MFA 3266/2005. He also submitted there is consensus ad idem. He further submitted that if the title is to be approved
S V Narayana Swamy vs Smt Savithramma on 2 September, 2013
-1-
IN THE HIGH
