Supreme Court of India
Surinder Kaur (d) Thr. Lr. Jasinderjit Singh (d) Thr. Lrs. v. Bahadur Singh (d) Thr. Lrs.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above, we allow the appeals, set aside the judgment and decree of all the courts below and dismiss the suit for specific performance.
Judgment, page 9
From the headnote
Specific Relief Act, 1963 – s.16(c) – Performance of the essential terms of the contract – Predecessor-in-interest of the appellants entered into an agreement to sell the suit land with predecessor-in-interest of the respondents for total consideration of Rs. 5605/- – Out of this Rs.1000/- was paid as earnest money at the time of execution of agreement to sell – The possession of the land was handed over to the predecessor-in-interest of the respondents (vendee) – Since there was some litigation with regard to the property it was agreed between the parties that the sale deed would be executed…
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