Supreme Court of India · 2017-08-22
RAMATHAL vs MARUTHATHAL .
- Citation / case number
- SC 2014/15637
- Court
- Supreme Court of India
- Petitioner
- RAMATHAL
- Respondent
- MARUTHATHAL .
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court held that the High Court erred in reversing the concurrent findings of fact regarding the specific performance of a sale agreement under Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the seller's failure to conduct a survey as stipulated in the agreement constituted a breach of contract, and the buyer's claim for specific performance was valid. The judgment of the High Court was set aside, reinstating the trial court's decree in favor of the buyer.