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august 2013

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.

I.S.SIKANDAR (D) BY LRS. vs K.SUBRAMANI . · Niyam