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.