Supreme Court of India · 2017-02-21
Jayakantham And Ors vs Abaykumar
- Citation / case number
- AIRONLINE 2017 SC 276
- Court
- Supreme Court of India
- Petitioner
- Jayakantham And Ors
- Respondent
- Abaykumar
- Author
- D Y Chandrachud
- Bench
- Arun Mishra, D.Y. Chandrachud
Judgment text excerpt
The Supreme Court upheld the decree for specific performance of a sale agreement under Section 100 of the Code of Civil Procedure, 1908, confirming the findings of fact by the trial court and appellate court that the agreement was valid and enforceable. The Court emphasized that the discretion to grant specific performance is not absolute and can be exercised judiciously, but in this case, the appellants' claim for compensation instead of specific performance was not substantiated. The appeal was dismissed, affirming the lower courts' decisions.