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april 1968

Supreme Court of India · 1968-04-04

PREM RAJ vs D.L.F. HOUSING & CONSTRUCTION PVT. LTD. & ANR.

Citation / case number
SC 1966/60070
Court
Supreme Court of India
Petitioner
PREM RAJ
Respondent
D.L.F. HOUSING & CONSTRUCTION PVT. LTD. & ANR.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that a plaintiff cannot simultaneously claim a contract to be void and seek specific performance of the same contract. Under Section 37 of the Specific Relief Act, a plaintiff may alternatively sue for rescission but not for specific performance if they claim the contract is void. The Court found that the appellant failed to allege readiness to perform the contract, which is essential for a specific performance claim, thus affirming the High Court's decision to dismiss the appeal.

PREM RAJ vs D.L.F. HOUSING & CONSTRUCTION PVT. LTD. & ANR. · Niyam