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november 2019

Supreme Court of India · 2019-11-25

KAPILABEN vs ASHOK KUMAR JAYANTILAL SHETH THROUGH POA GOPALBHAI MADHUSUDAN PATEL

Citation / case number
SC 2014/30654
Court
Supreme Court of India
Petitioner
KAPILABEN
Respondent
ASHOK KUMAR JAYANTILAL SHETH THROUGH POA GOPALBHAI MADHUSUDAN PATEL
Author
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
Bench
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

Judgment text excerpt

The Supreme Court upheld the High Court's decision allowing the suits for specific performance filed by Respondent Nos. 1 against the Appellants, emphasizing the enforceability of agreements to sell under specific performance principles. The Court noted that the original vendees had executed agreements assigning their rights, which were valid despite the Appellants' claims of cancellation due to non-payment of consideration. The judgment reinforced the legal principle that possession and preparation for construction can substantiate claims for specific performance, thus affirming the lower courts' rulings in favor of the Respondents.

KAPILABEN vs ASHOK KUMAR JAYANTILAL SHETH THROUGH POA GOPALBHAI MADHUSUDAN PATEL · Niyam