Supreme Court of India · 2012-12-03
Satya Jain(D) & Ors vs Anis Ahmed Rushdie(D) Tr.Lrs.& Ors
- Citation / case number
- AIR 2013 SUPREME COURT 434
- Court
- Supreme Court of India
- Petitioner
- Satya Jain(D) & Ors
- Respondent
- Anis Ahmed Rushdie(D) Tr.Lrs.& Ors
- Author
- Ranjan Gogoi
- Bench
- Ranjan Gogoi, P. Sathasivam
Judgment text excerpt
The Supreme Court addressed the appeal concerning a specific performance suit under the Specific Relief Act, where the original plaintiffs sought enforcement of an agreement dated 22.12.1970 for the sale of property. The Court emphasized the necessity of the defendant obtaining a Tax Clearance Certificate as a condition precedent for executing the sale deed, as stipulated in the agreement. The Court held that the plaintiffs had a right to seek specific performance, but the matter of their standing as legal heirs was left open for future determination, thus allowing the appeal to proceed.