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april 1998

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.

JAGAN NATH vs JAGDISH RAI & ORS. · Niyam