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april 1964

Supreme Court of India · 1964-04-24

SILLA CHANDRA SEKHARAM vs RAMCHANDRA SAHU

Citation / case number
SC 1962/81
Court
Supreme Court of India
Petitioner
SILLA CHANDRA SEKHARAM
Respondent
RAMCHANDRA SAHU
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court interpreted Section 18(a) of the Specific Relief Act, 1877, clarifying that the phrase 'subsequently to the sale or lease' refers to the contract to sell rather than the actual sale. The Court held that the High Court erred in not applying this provision, thereby allowing the appellant to seek specific performance of the contract despite the respondent's mother's death. The judgment emphasized that the execution of the sale deed was necessary to perfect the title as per the agreement.

SILLA CHANDRA SEKHARAM vs RAMCHANDRA SAHU · Niyam