Mrs. Vijaya Shrivastava vs M/S Mirahul Enterprises & Others

The Supreme Court held that the agreement dated 2.11.1983 between the plaintiffs and the defendant-developers was binding, establishing that a provisional agreement can still be enforceable if it meets the essential elements of a contract under the Indian Contract Act, 1872. The Court ruled that the defendants were liable to execute the sale deed and transfer possession of the flats to the plaintiffs, as the plaintiffs had demonstrated readiness and willingness to perform their part of the agreement. The Court also found the conveyance to the sixth defendant to be fraudulent and not binding on the plaintiffs.