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october 2015

Supreme Court of India · 2015-10-06

Ramesh Chand Dead Through Lrs vs Asruddin(Dead) Thr Lrs. & Anr

Court
Supreme Court of India
Petitioner
Ramesh Chand Dead Through Lrs
Respondent
Asruddin(Dead) Thr Lrs. & Anr
Author
Prafulla C. Pant
Bench
Prafulla C. Pant, Dipak Misra

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appeal regarding specific performance of a contract under Section 10 of the Specific Relief Act, 1963. The Court found that the agreement between the parties was essentially a security for a loan rather than a genuine contract for sale, thus affirming the lower courts' decisions. The appellant's claim of prior agreement with a third party was also considered, leading to the conclusion that the plaintiff was not entitled to specific performance.

Ramesh Chand Dead Through Lrs vs Asruddin(Dead) Thr Lrs. & Anr · Niyam