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august 2024

Supreme Court of India · 2024-08-28

Bidyut Sarkar vs Kanchilal Pal (Dead) Through Its Lrs

Citation / case number
2024 INSC 704
Court
Supreme Court of India
Petitioner
Bidyut Sarkar
Respondent
Kanchilal Pal (Dead) Through Its Lrs
Author
Vikram Nath
Bench
Vikram Nath

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's decision to grant specific performance of a contract under Section 10 of the Specific Relief Act, 1963, emphasizing that the plaintiff had fulfilled his obligations by paying an advance and investing in property development. The Court clarified that the agreement's cancellation clause does not negate the right to specific performance if the plaintiff has acted in reliance on the contract. The appeal was dismissed, affirming the High Court's decree in favor of the plaintiff.

Bidyut Sarkar vs Kanchilal Pal (Dead) Through Its Lrs · Niyam