Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2024

Supreme Court of India · 2024-03-01

Major Gen.Darshan Singh (D) By Lrs.. vs Brij Bhushan Chaudhary (D) By Lrs.

Citation / case number
2024 INSC 157
Court
Supreme Court of India
Petitioner
Major Gen.Darshan Singh (D) By Lrs..
Respondent
Brij Bhushan Chaudhary (D) By Lrs.
Author
Abhay S. Oka
Bench
Sanjay Karol, Abhay S. Oka

Judgment text excerpt

The Supreme Court addressed the enforceability of an agreement for sale under the Specific Relief Act, 1963, particularly in relation to clauses limiting remedies. The Court held that despite a clause in the agreement restricting the plaintiff's right to specific performance, the plaintiffs were entitled to seek specific performance as the agreement was valid and the defendant's refusal to execute the sale deed constituted a breach. The Court reversed the High Court's decision, allowing the plaintiffs' appeal and granting specific performance of the agreement.

Major Gen.Darshan Singh (D) By Lrs.. vs Brij Bhushan Chaudhary (D) By Lrs. · Niyam