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september 2014

Supreme Court of India · 2014-09-08

TELIKICHERLA SESIBHUSHAN (DEAD) BY LRS. vs KALLI RAJA RAO (D) BY LRS..

Citation / case number
SC 2007/28288
Court
Supreme Court of India
Petitioner
TELIKICHERLA SESIBHUSHAN (DEAD) BY LRS.
Respondent
KALLI RAJA RAO (D) BY LRS..
Author
PRAFULLA C.PANT
Bench
PRAFULLA CHANDRA 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 10 of the Specific Relief Act, 1963, stating that the appellant's failure to fulfill the loan repayment obligation precluded him from seeking specific performance. The Court noted that the trial court's dismissal of the respondent's suit for recovery of possession was justified, and the appellant's claim for specific performance was not decreed, but he was entitled to recover the amount paid towards the loan. The appeals were dismissed, affirming the lower court's orders.

TELIKICHERLA SESIBHUSHAN (DEAD) BY LRS. vs KALLI RAJA RAO (D) BY LRS.. · Niyam