Supreme Court of India · 2010-10-08
KAMMANA SAMBAMURTHY (D) BY LRS. vs KALIPATNAPU ATCHUTAMMA .
- Citation / case number
- SC 2003/12705
- Court
- Supreme Court of India
- Petitioner
- KAMMANA SAMBAMURTHY (D) BY LRS.
- Respondent
- KALIPATNAPU ATCHUTAMMA .
- Author
- P. SATHASIVAM,R.M. LODHA, , ,
- Bench
- P. SATHASIVAM,R.M. LODHA, , ,
Judgment text excerpt
The Supreme Court upheld the High Court's modification of the Subordinate Judge's decree regarding specific performance of a contract under Section 10 of the Specific Relief Act, 1963. The Court emphasized that the vendor's representation of absolute ownership was crucial for the enforceability of the agreement. The judgment clarified that the vendee's right to specific performance is contingent upon the vendor's ability to convey clear title, and in this case, the vendor's death did not extinguish the vendee's rights under the agreement.