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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.

Citation / case number
SC 2010/33965
Court
Supreme Court of India
Petitioner
SYSCON CONSULTANTS P.LTD.
Respondent
M/S PRIMELLA SANITARY PROD.P.LTD.
Author
U D G M E N T KURIAN
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court addressed the validity and executability of an agreement for sale dated 04.09.1985, emphasizing that the vendor's declaration of the property being free from encumbrances is crucial for specific performance claims. The Court held that the agreement's terms must be fulfilled, particularly regarding the vendor's obligation to provide a good and marketable title. The appeals were decided in favor of the plaintiff, allowing for specific performance of the agreement.

SYSCON CONSULTANTS P.LTD. vs M/S PRIMELLA SANITARY PROD.P.LTD. · Niyam