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january 2018

Supreme Court of India · 2018-01-10

URMILA DEVI vs THE DEITY MANDIR SHREE CHAMUNDA DEVI MOHAL PADDAR

Citation / case number
SC 2013/21018
Court
Supreme Court of India
Petitioner
URMILA DEVI
Respondent
THE DEITY MANDIR SHREE CHAMUNDA DEVI MOHAL PADDAR
Author
HON'BLE MR. JUSTICE A.K. SIKRI
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court held that the High Court erred in modifying the decree of specific performance of contract under Section 20 of the Specific Relief Act, 1963, by substituting it with a monetary compensation of Rs.90,000. The Court established that once the agreement to sell was executed and possession was delivered, the plaintiff was entitled to specific performance despite the subsequent gift deed executed by the defendants. The appeal was allowed, restoring the trial court's decree for specific performance against the defendants.

URMILA DEVI vs THE DEITY MANDIR SHREE CHAMUNDA DEVI MOHAL PADDAR · Niyam