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.