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.