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march 2002

Supreme Court of India · 2002-03-23

Veluyudhan Sathyadas vs Govindan Dakshyani

Citation / case number
AIRONLINE 2002 SC 191
Court
Supreme Court of India
Petitioner
Veluyudhan Sathyadas
Respondent
Govindan Dakshyani
Bench
S. Rajendra Babu, Ruma Pal

Judgment text excerpt

The Supreme Court held that under Section 20 of the Specific Relief Act, mere establishment of an agreement for sale is insufficient for granting specific performance; the court must consider the circumstances and exercise discretion accordingly. The Court found that the High Court's vague references did not justify the decree for specific performance and thus set aside the lower court's decree, remitting the matter for fresh consideration on specific performance while upholding findings on other issues. The plaintiff was granted a decree for recovery of the advance paid and compensation of Rs. 1000 as per Section 21(2) of the Specific Relief Act.

Veluyudhan Sathyadas vs Govindan Dakshyani · Niyam