Supreme Court of India · 1962-02-28
K. SIMRATHMULL vs S. NANJALINGIAH GOWDER
- Citation / case number
- SC 1960/134
- Court
- Supreme Court of India
- Petitioner
- K. SIMRATHMULL
- Respondent
- S. NANJALINGIAH GOWDER
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the covenant for reconveyance of property, as per the Transfer of Property Act, was contingent upon the fulfillment of specific conditions. In this case, while the first condition of exercising the right within two years was met, the second condition regarding the non-arrears of rent was not fulfilled. Consequently, the court ruled that the right to demand reconveyance could not be enforced, and the equitable jurisdiction of the court could not be invoked to relieve against the extinction of this right, affirming the trial court's dismissal of the suit for specific performance.