Supreme Court of India · 2005-03-03
REKHA MUKHERJEE vs ASHIS KUMAR DAS .
- Citation / case number
- SC 2004/27352
- Court
- Supreme Court of India
- Petitioner
- REKHA MUKHERJEE
- Respondent
- ASHIS KUMAR DAS .
- Author
- S.B. SINHA N.S. HEGDE
- Bench
- S.B. SINHA N.S. HEGDE
Judgment text excerpt
The Supreme Court addressed the issue of specific performance of contracts under the Indian Contract Act, 1872, particularly in the context of tenancy agreements and the Calcutta Thika Tenancy (Acquisition & Regulation) Act, 1981. The Court held that the agreements for sale executed between the parties were valid, and the cancellation of these agreements by the Appellant was not justified as the Respondents had not defaulted in their obligations. Consequently, the Court ruled in favor of the Respondents, allowing the specific performance of the agreements and dismissing the Appellant's objections.