Supreme Court of India · 2000-09-13
Surjit Kaur vs Naurata Singh & Anr
- Citation / case number
- AIR 2000 SUPREME COURT 2927
- Court
- Supreme Court of India
- Petitioner
- Surjit Kaur
- Respondent
- Naurata Singh & Anr
- Author
- S. N. Variava
- Bench
- V. N. Khare, S. N. Variava
Judgment text excerpt
The Supreme Court ruled that an Agreement to Sell, under which the seller is required to deliver possession before executing the Sale Deed, is enforceable under the Specific Relief Act, 1963, particularly Sections 10 and 14. The Court emphasized that the seller's obligation to deliver possession is a condition precedent for the execution of the Sale Deed. The appeal was dismissed, affirming the lower court's decision that the seller's inability to deliver possession due to ongoing litigation does not absolve her from her contractual obligations.