Supreme Court of India · 2005-10-07
P.C. Varghese vs Devaki Amma Balambika Devi & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 145
- Court
- Supreme Court of India
- Petitioner
- P.C. Varghese
- Respondent
- Devaki Amma Balambika Devi & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, R.V. Raveendran
Judgment text excerpt
The Supreme Court addressed the issue of specific performance of a contract under Section 20 of the Specific Relief Act, emphasizing that the court has discretion to grant specific performance based on the facts of the case. The Court held that since the respondents failed to obtain necessary permissions for the sale of the minor's share, the appellant was entitled to a decree for specific performance concerning the shares of the adult respondents. The Court allowed the amendment of the plaint to reflect the change in prayer for a preliminary decree for partition and recovery of possession of the adult respondents' shares.