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april 2013

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.

S. KESARI HANUMAN GOUD vs ANJUM JEHAN . · Niyam