Supreme Court of India · 2017-10-27
KAMAL KANT JAIN vs SURINDER SINGH (D)
- Citation / case number
- SC 2008/25503
- Court
- Supreme Court of India
- Petitioner
- KAMAL KANT JAIN
- Respondent
- SURINDER SINGH (D)
- Author
- HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
- Bench
- HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Judgment text excerpt
The Supreme Court examined the applicability of Section 23 of the Specific Relief Act, 1963, in a case concerning an agreement to sell property. The Court held that the absence of specific language regarding the right to register the sale deed in the agreement to sell indicated that specific performance could not be granted. The Court upheld the decisions of the lower courts, which had dismissed the appellant's suit for specific performance based on the interpretation of the agreement and the precedent set in Dadarao and Anr. Vs. Ramrao & Ors. (1999) 8 SCC 416.