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march 2007

Supreme Court of India · 2007-03-30

MAKHAN SINGH (D) BY LRS. vs KULWANT SINGH

Citation / case number
SC 2003/4991
Court
Supreme Court of India
Petitioner
MAKHAN SINGH (D) BY LRS.
Respondent
KULWANT SINGH
Author
HARJIT SINGH BEDI
Bench
B.P. SINGH & HARJIT SINGH BEDI

Judgment text excerpt

The Supreme Court held that the agreements for the sale of land and machinery were validly executed, as evidenced by Ex.P-1 and Ex.P-2, and that the defendant had committed a breach by failing to perform his part of the contract. The Court clarified that while the agreement for the sale of the machinery was unenforceable, the plaintiff was entitled to specific performance regarding the land. The Court upheld the Trial Court's findings on the execution of the agreements but modified the outcome to allow for specific performance of the land sale agreement under Section 20 of the Specific Relief Act, 1963.

MAKHAN SINGH (D) BY LRS. vs KULWANT SINGH · Niyam