Supreme Court of India · 2007-09-18
SHIV KUMAR SHARMA vs SANTOSH KUMARI
- Citation / case number
- SC 2006/30894
- Court
- Supreme Court of India
- Petitioner
- SHIV KUMAR SHARMA
- Respondent
- SANTOSH KUMARI
- Author
- HARJIT SINGH BEDI S.B. SINHA
- Bench
- HARJIT SINGH BEDI S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the validity of directions issued by the Delhi High Court regarding a property dispute under the Specific Relief Act, particularly Sections 38 and 41. The Court held that the appellant's defense of being ready and willing to perform the contract was undermined by the plaintiff's demand for increased payment, which constituted a breach of the agreement. The appeal was dismissed, affirming the High Court's decree for possession and permanent injunction in favor of the plaintiff.