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december 2012

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.

Satya Jain(D) & Ors vs Anis Ahmed Rushdie(D) Tr.Lrs.& Ors · Niyam