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february 2017

Supreme Court of India · 2017-02-21

JAYAKANTHAM vs ABAYKUMAR

Citation / case number
SC 2015/36891
Court
Supreme Court of India
Petitioner
JAYAKANTHAM
Respondent
ABAYKUMAR
Author
Dr D Y CHANDRACHUD
Bench
D.Y. CHANDRACHUD ARUN MISHRA

Judgment text excerpt

The Supreme Court upheld the decree for specific performance of a contract under Section 100 of the Code of Civil Procedure, 1908, confirming the findings of three lower courts that the agreement to sell was valid and enforceable. The Court noted that the appellants' claim that the agreement was merely a security for a loan was rejected, as the agreement was registered and the respondent was found ready and willing to perform. The Court emphasized that specific performance is a discretionary remedy and should not be denied merely because it is lawful, thus affirming the lower courts' decisions.

JAYAKANTHAM vs ABAYKUMAR · Niyam