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september 2016

Supreme Court of India · 2016-09-19

Syscon Consultants P.Ltd vs M/S Primella Sanitary Prod.P.Ltd.& Ors

Citation / case number
AIR 2016 SUPREME COURT 4564
Court
Supreme Court of India
Petitioner
Syscon Consultants P.Ltd
Respondent
M/S Primella Sanitary Prod.P.Ltd.& Ors
Bench
Rohinton Fali Nariman, Kurian Joseph

Judgment text excerpt

The Supreme Court addressed the validity of an agreement for sale under specific performance laws, particularly focusing on the obligations of the vendor as outlined in the agreement dated 04.09.1985. The Court emphasized that the vendor must provide a good and marketable title free from encumbrances, as stipulated in Section 54 of the Transfer of Property Act, 1882. The Court held that failure to establish such title allows the purchaser to seek specific performance or damages, thereby affirming the enforceability of the agreement under Section 10 of the Specific Relief Act, 1963.

Syscon Consultants P.Ltd vs M/S Primella Sanitary Prod.P.Ltd.& Ors · Niyam