Supreme Court · 2008 INSC 1501 · Decided 19 December 2008

G. Jayashree & ORS. v. Bhagwandas S. Patel & ORS.

Court
Supreme Court of India
Citation
2008 INSC 1501 · [2008] 17 S.C.R. 1454
Case number
CIVIL APPEAL No. 4451/2008
Decided
19 December 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Specific Performance - Agreement of sale for .. development of land - Failure on the part of vendee to c develop - Vendors seeking enforcement of terms of ~ agreement - One of the vendees rescinding from the contract by way of compromise - Another vendee filing suits seeking direction for vendors plan for the land and for specific performance of contract - Suits decreed - Set D aside by High Court - On appear, held: Suits not liable to be decreed - There was delay in raising the fresh demand by the vendee - Enforcement of the contract by the joint promisee is not maintainable in the facts

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