Supreme Court of India · 1995-04-17
S.V. R. MUDALIAR (DEAD) BY L.RS vs MRS. RAJABU F. BUHARI (DEAD)BY LRS.
- Citation / case number
- SC 1974/60177
- Court
- Supreme Court of India
- Petitioner
- S.V. R. MUDALIAR (DEAD) BY L.RS
- Respondent
- MRS. RAJABU F. BUHARI (DEAD)BY LRS.
- Author
- HANSARIA B.L.
- Bench
- HANSARIA B.L.
Judgment text excerpt
The Supreme Court addressed the appeal regarding the specific performance of a contract for reconveyance of property under the principles of contract law. The court examined whether the document Ex.P1, which purportedly established a reconveyance agreement, was genuine and whether it could be enforced against Mrs. Buhari, who was alleged to be an ostensible owner. The court held that the assignment of rights by the plaintiff's successors to third parties affected the relief sought, emphasizing that specific performance is a discretionary remedy. The appeal was ultimately dismissed, affirming the lower court's decision.