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november 2024

Supreme Court of India · 2024-11-12

Shyam Kumar Inani vs Vinod Agrawal

Court
Supreme Court of India
Petitioner
Shyam Kumar Inani
Respondent
Vinod Agrawal
Author
Vikram Nath
Bench
Prashant Kumar Mishra, Vikram Nath

Judgment text excerpt

The Supreme Court held that the appellants, having paid the entire sale consideration and taken possession of the agricultural land under the Agreement to Sell dated 30.08.1990, were entitled to specific performance against the legal heirs of Sushila Devi under Section 20 of the Specific Relief Act, 1963. The Court emphasized that the time was not of the essence of the contract, as per the agreement's clause, and thus the refusal of the legal heirs to execute the sale deed constituted a breach. The Court reversed the High Court's dismissal of the suit and restored the Trial Court's decree for specific performance in favor of the appellants.

Shyam Kumar Inani vs Vinod Agrawal · Niyam