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september 2023

Supreme Court of India · 2023-09-22

SABBIR (DEAD) THROUGH LRS vs ANJUMAN (SINCE DECEASED) THROUGH LRS

Citation / case number
SC 2018/48144
Court
Supreme Court of India
Petitioner
SABBIR (DEAD) THROUGH LRS
Respondent
ANJUMAN (SINCE DECEASED) THROUGH LRS
Author
HON'BLE MR. JUSTICE VIKRAM NATH
Bench
HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE VIKRAM NATH

Judgment text excerpt

The Supreme Court examined a case involving the specific performance of an Agreement to Sell (ATS) where the appellants failed to apply for permission to sell the property as stipulated in the agreement. The High Court's decision to set aside the first appellate judgment and affirm the trial court's decree for specific performance was challenged. The Court analyzed the contractual obligations and the conduct of the parties, ultimately upholding the decree for specific performance. The judgment emphasizes the importance of compliance with contractual terms and the equitable discretion of courts in such matters.

SABBIR (DEAD) THROUGH LRS vs ANJUMAN (SINCE DECEASED) THROUGH LRS · Niyam