Supreme Court of India · 2014-08-20
PEMMADA PRABHAKAR vs YOUNGMEN'S VYSYA ASSOCIATION .
- Citation / case number
- SC 2012/15384
- Court
- Supreme Court of India
- Petitioner
- PEMMADA PRABHAKAR
- Respondent
- YOUNGMEN'S VYSYA ASSOCIATION .
- Author
- V.GOPALA GOWDA
- Bench
- V. GOPALA GOWDA DIPAK MISRA
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the Second Appeal regarding the specific performance of a sale agreement under Section 10 of the Specific Relief Act, 1963. The Court established that for specific performance to be granted, the agreement must be clear and unambiguous, and the parties must have the capacity to contract. The Court affirmed that the plaintiffs failed to prove the necessary elements for specific performance, leading to the dismissal of their appeal.