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october 2010

Supreme Court of India · 2010-10-05

Man Kaur(Dead)By Lrs vs Hartar Singh Sangha

Court
Supreme Court of India
Petitioner
Man Kaur(Dead)By Lrs
Respondent
Hartar Singh Sangha
Bench
Aftab Alam, R. V. Raveendran

Judgment text excerpt

The Supreme Court held that the agreement of sale dated 20.10.1978 between the appellant and respondent was valid and enforceable under the Specific Relief Act, 1963, particularly Section 10, which allows for specific performance of a contract when the terms are clear and the party seeking enforcement has performed their obligations. The Court found that the respondent had fulfilled his obligations by being present to execute the sale deed, while the appellant failed to do so, thus justifying the decree for specific performance. The appeal was dismissed, upholding the lower court's decision in favor of the respondent.

Man Kaur(Dead)By Lrs vs Hartar Singh Sangha · Niyam