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september 2008

Supreme Court of India · 2008-09-11

S. ABDUL KHADER vs ABDUL WAJID (D) BY LRS. .

Citation / case number
SC 2006/2850
Court
Supreme Court of India
Petitioner
S. ABDUL KHADER
Respondent
ABDUL WAJID (D) BY LRS. .
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,MARKANDEY KATJU, , ,

Judgment text excerpt

The Supreme Court addressed the specific performance of an Agreement for Sale dated 21st February 1995, emphasizing that under Section 20 of the Specific Relief Act, specific performance is not granted if third-party rights have intervened. The Court held that the petitioner was entitled to reimbursement of the amounts paid, as the respondent No.1 had failed to fulfill the contractual obligations, but denied specific performance due to the bona fide purchase by a third party without notice of the prior agreement. The outcome affirmed the lower court's decision to grant alternate relief instead of specific performance.

S. ABDUL KHADER vs ABDUL WAJID (D) BY LRS. . · Niyam