Supreme Court of India · 2013-04-10
S. Kesari Hanuman Goud vs Anjum Jehan & Ors
- Citation / case number
- AIR 2013 SC (SUPP) 265
- Court
- Supreme Court of India
- Petitioner
- S. Kesari Hanuman Goud
- Respondent
- Anjum Jehan & Ors
- Author
- B.S.Chauhan
- Bench
- Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan
Judgment text excerpt
The Supreme Court upheld the principles of specific performance under Section 20 of the Specific Relief Act, 1963, affirming that a party to an agreement can seek specific performance if they have fulfilled their obligations and the other party fails to execute the sale deed. The Court found that the appellant had a valid agreement to sell dated 15.10.1977 and had made efforts to fulfill the conditions precedent, while the respondent attempted to sell the property to third parties. The Court ruled in favor of the appellant, directing the execution of the sale deed in their favor, thereby restoring the trial court's decision.