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october 2018

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.

SUSHIL KUMAR AGARWAL vs MEENAKSHI SADHU . · Niyam