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july 2019

Supreme Court of India · 2019-07-23

Surinder Pal Soni vs Sohan Lal (D) Thru Lr

Citation / case number
AIRONLINE 2019 SC 2193
Court
Supreme Court of India
Petitioner
Surinder Pal Soni
Respondent
Sohan Lal (D) Thru Lr
Author
D.Y. Chandrachud
Bench
Indira Banerjee, Dhananjaya Y Chandrachud

Judgment text excerpt

The Supreme Court held that under Section 28(1) of the Specific Relief Act, if a purchaser fails to deposit the balance sale consideration within the stipulated period, the decree for specific performance becomes inexecutable. The Court affirmed the High Court's decision to set aside the executing court's order, emphasizing the necessity of compliance with the decree's terms for execution. The outcome was that the appellant's execution petition was dismissed due to non-compliance with the decree's conditions.

Surinder Pal Soni vs Sohan Lal (D) Thru Lr · Niyam