Supreme Court of India

Kapilaben & Ors. v. Ashok Kumar Jayantilal Sheth through Poa Gopalbhai Madhusudan Patel & Ors.

Neutral citation
Bench Mohan M. Shantanagoudar and Aniruddha Bose JJ.
Decided 25 November 2019

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that the term ‘name proposed by the vendee’ in the 1986 agreement refers to a nominee to be proposed at the time of execution of the sale deed and not a subsequent assignee.

Judgment, page 21

From the headnote

Specific Performance: Specific performance of contract – Agreement to sell disputed property in the year 1986 between original vendor and original vendees – Sale was to be executed upon receipt of remaining consideration from the original vendees within stipulated time – The original vendees thereafter in the year 1987 executed four agreements to sell the four different portions of the property in dispute to the vendees in the present case (i.e. respondent Nos.1) – The vendees under 1987 agreement were required to start a housing project on the land in question – Suit for specific performance…

Where later benches applied it

Of those, 1 mentioned

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