Supreme Court of India · 2013-04-10
S. KESARI HANUMAN GOUD vs ANJUM JEHAN .
- Citation / case number
- SC 2003/15171
- Court
- Supreme Court of India
- Petitioner
- S. KESARI HANUMAN GOUD
- Respondent
- ANJUM JEHAN .
- Author
- B.S.Chauhan
- Bench
- FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN
Judgment text excerpt
The Supreme Court upheld the appellant's right to specific performance of the agreement to sell under Section 27 of the Urban Land Ceiling Act, 1976, emphasizing that the vendor's failure to execute the sale deed despite obtaining necessary permissions constituted a breach of contract. The Court ruled that the appellant was entitled to enforce the agreement as the vendor had attempted to sell the property to third parties, thereby violating the terms of the agreement. The judgment of the High Court was set aside, and the appellant's suit for specific performance was allowed.