Supreme Court of India · 2005-02-24
K.G. Arumugham & Ors vs K.A.Chinnappan & Ors
- Citation / case number
- AIRONLINE 2005 SC 787
- Court
- Supreme Court of India
- Petitioner
- K.G. Arumugham & Ors
- Respondent
- K.A.Chinnappan & Ors
- Bench
- Ashok Bhan, A.K. Mathur
Judgment text excerpt
The Supreme Court held that the maintainability of a suit for permanent injunction without a prayer for specific performance is questionable under the Specific Relief Act, 1963, particularly Section 14. The Court emphasized that the plaintiffs must pursue specific performance if they seek to enforce an agreement to sell. The appeal was allowed, setting aside the High Court's order and remitting the case for fresh consideration in light of the established legal principles regarding specific performance and injunctions.