Supreme Court of India · 2005-10-07
vs
- Citation / case number
- SC 2000/17073
- Court
- Supreme Court of India
- Author
- S.B. SINHA
- Bench
- R.V. RAVEENDRAN S.B. SINHA
Judgment text excerpt
The Supreme Court held that under the Indian Contract Act, 1872, specific performance of a contract can be enforced if the party seeking it has fulfilled their obligations and the other party has failed to perform. The Court found that the respondents had not obtained the necessary court permission for the sale of the minor's share, which constituted a breach of contract. The Court allowed the appellant's amended prayer for a preliminary decree to divide the property, thereby facilitating the sale of the shares of the adult respondents.