Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2005

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.

K.G. Arumugham & Ors vs K.A.Chinnappan & Ors · Niyam