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.