Supreme Court of India · 2013-08-29
I.S.Sikandar (D) By Lrs.& Ors vs K.Subramani & Ors
- Citation / case number
- AIRONLINE 2013 SC 32
- Court
- Supreme Court of India
- Petitioner
- I.S.Sikandar (D) By Lrs.& Ors
- Respondent
- K.Subramani & Ors
- Author
- V. Gopala Gowda
- Bench
- G.S. Singhvi, V. Gopala Gowda
Judgment text excerpt
The Supreme Court upheld the High Court's decision to grant specific performance of the Agreement of Sale dated 25.12.1983 under the Specific Relief Act, 1963, emphasizing that the plaintiff had fulfilled his obligations by paying part consideration and taking possession of the property. The Court affirmed the High Court's decree for permanent injunction against the defendants to prevent interference with the plaintiff's possession. The judgment clarified the enforceability of agreements for sale and the rights of parties under such agreements, reinforcing the principle that specific performance can be granted when the plaintiff has demonstrated readiness and willingness to perform his part of the contract.