Supreme Court of India · 2005-03-04
DEVALSAB (DEAD)BY LRS vs IBRAHIMSAB F. KARAJAGI
- Citation / case number
- SC 1998/15376
- Court
- Supreme Court of India
- Petitioner
- DEVALSAB (DEAD)BY LRS
- Respondent
- IBRAHIMSAB F. KARAJAGI
- 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 had shown readiness and willingness to perform his part of the contract, and the subsequent sale to a third party was deemed fraudulent. The Court set aside the High Court's order and directed the execution of the sale deed in favor of the plaintiff.