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february 2005

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.

K.G. ARUMUGHAM vs K.A. CHINNAPPAN · Niyam