Kumar Dhirendra Mullick & Others vs Tivoli Park Apartments (P) Ltd

The Supreme Court upheld the High Court's decision to set aside the order of the 2nd Assistant District Judge, which had rescinded the agreement dated 16.8.1980 under Section 28 of the Specific Relief Act, 1963. The Court established that the agreement for renewal of the lease was valid and enforceable, as the respondent had made part payment of the premium and the Trustees failed to execute the deed. The Court emphasized that the principles of specific performance apply when there is a valid agreement and the party seeking enforcement has acted in accordance with the terms of the agreement.