Supreme Court of India · 1953-11-18
LALA DURGA PRASAD AND ANOTHER vs LALA DEEP CHAND AND OTHERS.
- Citation / case number
- SC 1950/44
- Court
- Supreme Court of India
- Petitioner
- LALA DURGA PRASAD AND ANOTHER
- Respondent
- LALA DEEP CHAND AND OTHERS.
- Bench
- BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that a dispute regarding the form of warranty of title in a land sale contract does not affect the contract's completeness nor constitute repudiation if the party seeking a specific form expresses willingness to perform the contract. In a suit for specific performance, the decree should direct the vendor to convey the title to the plaintiff, with the subsequent transferee joining to pass on the title without special covenants. The Court clarified that the balance of the purchase money need not always be paid to the subsequent transferee, as equities may dictate otherwise.