Supreme Court of India · 2005-02-24
K.G. ARUMUGHAM vs K.A. CHINNAPPAN
- Citation / case number
- SC 1998/18245
- Court
- Supreme Court of India
- Petitioner
- K.G. ARUMUGHAM
- Respondent
- K.A. CHINNAPPAN
- Author
- BHAN
- Bench
- ASHOK BHAN & A.K. MATHUR
Judgment text excerpt
The Supreme Court addressed the appeals against the Madras High Court's order remitting the case for fresh decision, emphasizing the need for a specific performance claim alongside a permanent injunction under the Specific Relief Act, 1963. The Court held that a suit for permanent injunction without a prayer for specific performance is not maintainable, thus reinforcing the legal principle that specific performance must be sought when a contract is in dispute. The Court ultimately upheld the High Court's decision to set aside the lower court's order and remand the case for proper adjudication.