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september 2019

Supreme Court of India · 2019-09-12

BHAVYANATH REPRESENTED BY POWER OF ATTORNEY HOLDER vs K.V. BALAN (DEAD) THROUGH LRS.

Citation / case number
SC 2016/721
Court
Supreme Court of India
Petitioner
BHAVYANATH REPRESENTED BY POWER OF ATTORNEY HOLDER
Respondent
K.V. BALAN (DEAD) THROUGH LRS.
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the plaintiff's appeal for specific performance of the agreement dated 25.04.2007 under Section 10 of the Specific Relief Act, 1963, which mandates that specific performance can be enforced if the contract is clear and the plaintiff is ready and willing to perform his part. The Court found that the plaintiff had made the necessary payments and was continuously ready to fulfill his obligations, thus reversing the High Court's decision and directing the enforcement of the agreement. The judgment emphasizes the importance of upholding contractual obligations in specific performance cases.

BHAVYANATH REPRESENTED BY POWER OF ATTORNEY HOLDER vs K.V. BALAN (DEAD) THROUGH LRS. · Niyam