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october 2020

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.

Ferrodous Estates (Pvt) Ltd. vs P.Gopirathnam (Dead) And Ors. · Niyam