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january 2024

Supreme Court of India · 2024-01-10

ALAGAMMAL AND ORS. vs GANESAN AND ANR.

Citation / case number
SC 2009/24652
Court
Supreme Court of India
Petitioner
ALAGAMMAL AND ORS.
Respondent
GANESAN AND ANR.
Author
AHSANUDDIN AMANULLAH
Bench
HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MS. JUSTICE HIMA KOHLI

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the First Appellate Court's ruling that the appellants were liable for specific performance of the Agreement of Sale dated 22.11.1990, despite the appellants' claims of non-payment and forgery. The Court emphasized that the respondents had demonstrated readiness and willingness to perform their part of the contract, and the argument regarding the alleged forgery of documents was not substantiated. The Court held that the appellants' failure to complete the sale transaction constituted a breach of contract, thus entitling the respondents to specific performance under the Specific Relief Act, 1963.

ALAGAMMAL AND ORS. vs GANESAN AND ANR. · Niyam