Supreme Court of India · 2020-10-12
Ferrodous Estates (Pvt) Ltd. vs P.Gopirathnam (Dead) And Ors.
- Citation / case number
- AIR 2020 SUPREME COURT 5041
- Court
- Supreme Court of India
- Petitioner
- Ferrodous Estates (Pvt) Ltd.
- Respondent
- P.Gopirathnam (Dead) And Ors.
- Author
- R.F. Nariman
- Bench
- Rohinton Fali Nariman, Navin Sinha, K.M. Joseph
Judgment text excerpt
The Supreme Court ruled that under the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978, the vendors' failure to obtain necessary permissions constituted a breach of the sale agreement, thereby justifying the appellant's suit for specific performance. The Court emphasized that specific performance can be enforced when the contract is valid and the plaintiff is ready and willing to perform their part. The appeal was allowed, and the lower court's decision was set aside, affirming the right to specific performance due to the vendors' non-compliance with statutory requirements.