Supreme Court of India · 2006-03-06
GUNWANTBHAI MULCHAND SHAH vs ANTON ELIS FAREL .
- Citation / case number
- SC 2004/25042
- Court
- Supreme Court of India
- Petitioner
- GUNWANTBHAI MULCHAND SHAH
- Respondent
- ANTON ELIS FAREL .
- Author
- P.K. BALASUBRAMANYAN S.B. SINHA
- Bench
- P.K. BALASUBRAMANYAN S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the issue of specific performance of a contract under Section 20 of the Specific Relief Act, 1963, holding that the plaintiffs were entitled to specific performance as they had fulfilled their part of the agreement and were in possession of the property. The Court emphasized that the limitation period for filing the suit was not a bar, as the plaintiffs were unaware of the defendants' refusal to perform the agreement until 1993. The Court upheld the trial court's decision regarding jurisdiction and the preliminary issues of limitation, allowing the appeal in favor of the plaintiffs.