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april 2006

Supreme Court of India · 2006-04-25

Mst. Sugani vs Rameshwar Das & Anr

Citation / case number
AIR 2006 SUPREME COURT 2172
Court
Supreme Court of India
Petitioner
Mst. Sugani
Respondent
Rameshwar Das & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, Tarun Chatterjee

Judgment text excerpt

The Supreme Court addressed the appeal against the Allahabad High Court's judgment allowing a Second Appeal under Section 100 CPC, which reversed the trial court's decree favoring the appellant for specific performance of an agreement to sell dated 13.12.1975. The Court held that the appellant was entitled to specific performance as the respondents had knowledge of the prior agreement and acted in bad faith by executing a subsequent sale deed. The Court emphasized the necessity of proving readiness and willingness to perform the contract, affirming the trial court's findings and restoring the decree in favor of the appellant.

Mst. Sugani vs Rameshwar Das & Anr · Niyam