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november 2019

Supreme Court of India · 2019-11-25

Kapilaben vs Ashok Kumar Jayantilal Sheth Through ...

Citation / case number
AIRONLINE 2019 SC 1604
Court
Supreme Court of India
Petitioner
Kapilaben
Respondent
Ashok Kumar Jayantilal Sheth Through ...
Author
Mohan M. Shantanagoudar
Bench
Aniruddha Bose, Mohan M. Shantanagoudar

Judgment text excerpt

The Supreme Court upheld the High Court's decision allowing specific performance of the 1987 agreements under Section 10 of the Specific Relief Act, 1963, emphasizing that the Respondent Nos. 1 had a legitimate expectation to enforce the agreements despite not being parties to the original 1986 agreement. The Court clarified that the execution of the 1987 agreements, which involved earnest money and preparations for a housing scheme, constituted sufficient grounds for specific performance. The judgment affirmed the lower courts' findings and dismissed the appeals of the Appellants.

Kapilaben vs Ashok Kumar Jayantilal Sheth Through ... · Niyam