Supreme Court of India · 2004-04-16
PUKRAJ D. JAIN vs G. GOPALAKRISHNA
- Citation / case number
- SC 1997/11086
- Court
- Supreme Court of India
- Petitioner
- PUKRAJ D. JAIN
- Respondent
- G. GOPALAKRISHNA
- Author
- G.P. MATHUR
- Bench
- G.P. MATHUR S. RAJENDRA BABU
Judgment text excerpt
The Supreme Court addressed the issue of specific performance of a contract under Section 20 of the Specific Relief Act, holding that the trial court's rejection of the amendment application to convert a suit for recovery of advance into one for specific performance was erroneous. The Court emphasized that limitation under Section Limitation Act does not bar a suit for specific performance if the plaintiff was in possession of the property. The judgment of the High Court was set aside, and the case was remanded for further proceedings.