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april 2014

Supreme Court of India · 2014-04-16

Shamsher Singh & Ors vs Rajinder Kumar & Ors

Citation / case number
AIR 2014 SUPREME COURT 2253
Court
Supreme Court of India
Petitioner
Shamsher Singh & Ors
Respondent
Rajinder Kumar & Ors
Author
V.Gopala Gowda
Bench
Sudhansu Jyoti Mukhopadhaya, V. Gopala Gowda

Judgment text excerpt

The Supreme Court upheld the High Court's decision to enforce specific performance of a contract under Section 10 of the Specific Relief Act, 1963, despite the defendants' claims of forgery and prior mortgage. The Court established that a valid agreement to sell exists if the essential elements are met, and the defendants' inability to prove their claims against the agreement led to the dismissal of their appeals. The Court affirmed the High Court's order directing the defendants to execute the sale deed in favor of the plaintiffs, thereby reinforcing the enforceability of contracts in property transactions.

Shamsher Singh & Ors vs Rajinder Kumar & Ors · Niyam