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.