Supreme Court of India · 1990-04-06
SMT. MAYAWANTI vs SMT. KAUSHALYA DEVI
- Citation / case number
- SC 1984/68294
- Court
- Supreme Court of India
- Petitioner
- SMT. MAYAWANTI
- Respondent
- SMT. KAUSHALYA DEVI
- Author
- K.N. SAIKIA
- Bench
- K.N. SAIKIA
Judgment text excerpt
The Supreme Court upheld the High Court's finding that there was no valid and enforceable contract between the parties, as evidenced by Exhibit PW II/A. The Court emphasized that for specific performance under Section 9 of the Specific Relief Act, the terms of the contract must be clear and the parties must have a mutual agreement. The appeal for specific performance was dismissed, and the appellant was awarded only the refund of the earnest money of Rs. 5,000.