Supreme Court of India · 2014-09-08
Telikicherla Sesibhushan (Dead) By Lrs vs Kalli Raja Rao (D) By Lrs.& Ors
- Citation / case number
- 2014 AIR SCW 6011
- Court
- Supreme Court of India
- Petitioner
- Telikicherla Sesibhushan (Dead) By Lrs
- Respondent
- Kalli Raja Rao (D) By Lrs.& Ors
- Author
- Prafulla C.Pant
- Bench
- Prafulla C. Pant, Sudhansu Jyoti Mukhopadhaya
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the specific performance of a contract under Section 20 of the Specific Relief Act, 1963, affirming that the appellant's failure to repay the loan led to the dismissal of his suit for specific performance. The Court clarified that the agreement to sell was contingent upon the repayment of the loan, which was not fulfilled, thus validating the High Court's decree in O.S. No. 28 of 1985. The outcome confirmed the entitlement of the vendors to possession upon fulfilling the conditions set by the trial court.