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march 2008

Supreme Court of India · 2008-03-12

N.A. Mayanna (D) By Lrs vs Sri M. Velu & Ors

Court
Supreme Court of India
Petitioner
N.A. Mayanna (D) By Lrs
Respondent
Sri M. Velu & Ors
Bench
A.K. Mathur, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the High Court's decision granting specific performance of a contract for the sale of ancestral property, emphasizing that the defendant's inability to execute the sale deed due to a paralytic stroke did not negate the plaintiff's right to specific performance under the agreement. The Court clarified that the time was not of the essence in this case, and the plaintiff was entitled to a decree for specific performance for the agreed extent of 40' x 180'. The appeal was dismissed, affirming the High Court's ruling.

N.A. Mayanna (D) By Lrs vs Sri M. Velu & Ors · Niyam