Supreme Court of India · 2018-10-09
SUSHIL KUMAR AGARWAL vs MEENAKSHI SADHU .
- Citation / case number
- SC 2009/16566
- Court
- Supreme Court of India
- Petitioner
- SUSHIL KUMAR AGARWAL
- Respondent
- MEENAKSHI SADHU .
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court addressed the appeal concerning a development agreement under specific performance principles. The Court emphasized that under Section 14(3) of the Specific Relief Act, specific performance cannot be enforced if the contract is determinable. The Court held that the appellant's claim for specific performance was untenable due to the existence of encumbrances and unpaid dues on the property, which constituted a breach of the agreement's terms. Consequently, the appeal was dismissed, affirming the High Court's decision.