KUMAR DHIRENDRA MULLICK 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Supreme Court upheld the High Court's decision to set aside the order of the 2nd Assistant District Judge, which had rescinded the agreement dated 16.8.1980 under Section 28 of the Specific Relief Act, 1963.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 to extend the lease for 70 years was valid and enforceable, as the respondent had made part payment of the premium and the Trustees failed to execute the deed. The Court affirmed the decree for specific performance of the agreement, emphasizing the importance of honoring contractual obligations.