Supreme Court of India · 2005-03-04
Devalsab (Dead) By Lrs vs Ibrahimsab F.Karajagi & Anr
- Citation / case number
- AIR 2005 SUPREME COURT 1940
- Court
- Supreme Court of India
- Petitioner
- Devalsab (Dead) By Lrs
- Respondent
- Ibrahimsab F.Karajagi & Anr
- Author
- A.K. Mathur
- Bench
- Ashok Bhan, A.K. Mathur
Judgment text excerpt
The Supreme Court held that the plaintiff was entitled to specific performance of the agreement for sale under Section 10 of the Specific Relief Act, 1963, as the defendant failed to execute the sale deed despite receiving the balance consideration. The Court emphasized that the plaintiff's readiness and willingness to perform his part of the contract was evident, and the subsequent sale to Defendant No.2 was deemed collusive and void. The appeal was allowed, reversing the High Court's order and directing specific performance of the contract.