Supreme Court of India · 2020-01-28
SUKHWINDER SINGH vs JAGROOP SINGH
- Citation / case number
- SC 2019/6825
- Court
- Supreme Court of India
- Petitioner
- SUKHWINDER SINGH
- Respondent
- JAGROOP SINGH
- Author
- HON'BLE MR. JUSTICE A.S. BOPANNA
- Bench
- HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MRS. JUSTICE R. BANUMATHI
Judgment text excerpt
The Supreme Court addressed the issue of specific performance of a sale agreement under the Specific Relief Act, emphasizing that a decree for specific performance can be granted if the plaintiff proves the existence of a valid agreement and payment of earnest money. The Court upheld the Trial Court's decision to dismiss the application for setting aside the ex parte decree, affirming that the defendant No.2's delay in filing was not justified under Section 5 of the Limitation Act. The appeal was dismissed, reinforcing the principle that a bona fide purchaser must be aware of prior claims on the property.