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february 2001

Supreme Court of India · 2001-02-23

TEK CHAND vs DEEP CHAND

Citation / case number
SC 1998/2360
Court
Supreme Court of India
Petitioner
TEK CHAND
Respondent
DEEP CHAND
Bench
U.C. BANERJEE & K.G. BALAKRISHNAN

Judgment text excerpt

The Supreme Court held that the agreement for sale between the plaintiff and Kare was valid and enforceable under the Specific Relief Act, 1963, despite Kare's claims of ownership by his children. The Court emphasized that the plaintiff's right to specific performance was not extinguished by the subsequent Family Settlement or the decree in favor of Kare's children, as the plaintiff had a legitimate claim based on the original agreement. The Court reversed the appellate court's decision, affirming the plaintiff's entitlement to specific performance of the contract.

TEK CHAND vs DEEP CHAND · Niyam