Supreme Court of India · 2008-09-11
S. Abdul Khader vs Abdul Wajid (D) By Lrs. & Ors
- Citation / case number
- AIR 2008 SC (SUPP) 624
- Court
- Supreme Court of India
- Petitioner
- S. Abdul Khader
- Respondent
- Abdul Wajid (D) By Lrs. & Ors
- Author
- Altamas Kabir
- Bench
- Markandey Katju, Altamas Kabir
Judgment text excerpt
The Supreme Court held that the petitioner was entitled to specific performance of the Agreement for Sale dated 21st February 1995, as the respondent No.1 failed to complete the sale despite repeated assurances. The Court emphasized that the respondent No.3, who purchased the property later, did so without notice of the prior agreement, thus not affecting the petitioner's rights under Section 52 of the Transfer of Property Act, 1882. The Court overturned the High Court's decision and directed the execution of the sale deed in favor of the petitioner.