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april 1990

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.

SMT. MAYAWANTI vs SMT. KAUSHALYA DEVI · Niyam