Supreme Court of India · 2013-08-29
I.S.SIKANDAR (D) BY LRS. vs K.SUBRAMANI .
- Citation / case number
- SC 2009/9159
- Court
- Supreme Court of India
- Petitioner
- I.S.SIKANDAR (D) BY LRS.
- Respondent
- K.SUBRAMANI .
- Author
- V. Gopala Gowda
- Bench
- V. GOPALA GOWDA G.S. SINGHVI
Judgment text excerpt
The Supreme Court upheld the High Court's decision granting specific performance of an Agreement of Sale under the Specific Relief Act, 1963, emphasizing that the plaintiff had fulfilled his obligations by paying part consideration and being put in possession of the property. The Court clarified that the defendants' failure to execute the sale deed despite the plaintiff's readiness constituted a breach of contract. The appeal was dismissed, affirming the decree for specific performance and permanent injunction against the defendants.