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september 2014

Supreme Court of India · 2014-09-22

K.PRAKSH vs B.R.SAMPATH KUMAR

Citation / case number
SC 2011/38986
Court
Supreme Court of India
Petitioner
K.PRAKSH
Respondent
B.R.SAMPATH KUMAR
Author
M.Y. Eqbal
Bench
PINAKI CHANDRA GHOSE M.Y. EQBAL

Judgment text excerpt

The Supreme Court held that the appellant's suit for specific performance of an agreement to sell property was valid under the Specific Relief Act, 1963, particularly Section 10, which allows specific performance unless the contract is determinable. The Court found that the respondent had failed to fulfill his obligations under the agreement, and thus the appellant was entitled to specific performance. The High Court's reversal of the trial court's decision was set aside, and the appellant's appeal was allowed, reinstating the trial court's order.

K.PRAKSH vs B.R.SAMPATH KUMAR · Niyam