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october 2004

Supreme Court of India · 2004-10-07

SARGUNAM DEAD BY LR vs CHIDAMBARAM

Citation / case number
SC 1999/16898
Court
Supreme Court of India
Petitioner
SARGUNAM DEAD BY LR
Respondent
CHIDAMBARAM
Author
KAPADIA
Bench
S.H. KAPADIA ASHOK BHAN

Judgment text excerpt

The Supreme Court upheld the High Court's decision in RFA No.464 of 1992, affirming that the plaintiff was entitled to specific performance of the agreement for sale dated 14.6.1979 under Section 10 of the Specific Relief Act, 1963. The Court found that the vendor's failure to deliver title deeds and clear encumbrances constituted a breach of contract, and the plaintiff had demonstrated readiness and willingness to perform his obligations. The Court ruled that the sale to the second defendant was invalid as it was executed after the plaintiff's agreement and with notice of the prior agreement.

SARGUNAM DEAD BY LR vs CHIDAMBARAM · Niyam