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april 2013

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.

S. Kesari Hanuman Goud vs Anjum Jehan & Ors · Niyam