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april 2004

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.

PUKRAJ D. JAIN vs G. GOPALAKRISHNA · Niyam