Supreme Court of India · 1988-10-14
JAWAHARLAL WADHWA AND ANOTHER vs HARIPADA CHAKROBERTY
- Citation / case number
- SC 1985/67106
- Court
- Supreme Court of India
- Petitioner
- JAWAHARLAL WADHWA AND ANOTHER
- Respondent
- HARIPADA CHAKROBERTY
- Author
- M.H. KANIA
- Bench
- M.H. KANIA
Judgment text excerpt
The Supreme Court held that under Sections 30, 33, and 34 of the Arbitration Act, 1940, only errors of law, not mistakes of fact, are justiciable by the court. The Court ruled that a transferee in possession who stops paying monthly installments cannot claim protection under Section 53A of the Transfer of Property Act, 1882, and must show readiness and willingness to perform the contract to claim specific performance. The Court set aside the arbitrator's award and the High Court's judgment, appointing a new arbitrator.