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.