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september 2019

Supreme Court of India · 2019-09-26

Leeladhar (D) Thr. Lrs. vs Vijay Kumar (D) Thr. Lrs.

Citation / case number
AIR 2019 SUPREME COURT 4652
Court
Supreme Court of India
Petitioner
Leeladhar (D) Thr. Lrs.
Respondent
Vijay Kumar (D) Thr. Lrs.
Author
Deepak Gupta
Bench
Aniruddha Bose, Deepak Gupta

Judgment text excerpt

The Supreme Court upheld the decree of specific performance under Section 20(2)(c) of the Specific Relief Act, 1963, affirming that the agreement to sell was valid despite the appellant's claim that it was a sham document. The Court found that the plaintiffs had paid the full consideration and were in possession of the land, thus negating the appellant's arguments against the execution of the sale deed. The Court held that the concurrent findings of fact by the lower courts were sound and dismissed the appeal, reinforcing the principle that specific performance can be granted when the contract is valid and the parties have acted in accordance with its terms.

Leeladhar (D) Thr. Lrs. vs Vijay Kumar (D) Thr. Lrs. · Niyam