Supreme Court of India · 1998-04-28
JAGAN NATH vs JAGDISH RAI & ORS.
- Citation / case number
- SC 1987/71096
- Court
- Supreme Court of India
- Petitioner
- JAGAN NATH
- Respondent
- JAGDISH RAI & ORS.
- Author
- S.B. Majmudar
- Bench
- M. JAGANNADHA RAO. S.B. MAJMUDAR
Judgment text excerpt
The Supreme Court, while exercising its jurisdiction under Article 136, addressed an appeal concerning the specific performance of a contract under the Specific Relief Act. The Court held that the original agreement dated 28th September 1973, which stipulated the sale of property by defendant no.1 to the plaintiff, was valid and enforceable despite subsequent transactions involving the property. The Court emphasized that the plaintiff's rights under the agreement were not extinguished by the defendant's actions, thereby allowing the appeal and reinstating the trial court's decree for specific performance.