Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2013

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.

I.S.Sikandar (D) By Lrs.& Ors vs K.Subramani & Ors · Niyam