Supreme Court · 1998 INSC 244 · Decided 15 May 1998
Ganesh Shet v. DR. C.S.G.K. Setty and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 244 · [1998] 3 S.C.R. 479
- Case number
- CIVIL APPEAL No. 1347/1988
- Decided
- 15 May 1998
- Bench
- S.B. MAJMUDAR, M. JAGANNADHA RAO (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 7; Constitution Article 136; Specific Relief Act
Headnote
~ v. - DR. C.S.G.K. SETTY AND ORS. MAY 15, 1998 [S.B. MAJMUDAR AND M. JAGANNADHA RAO. JJ.] B Specific Relief Act-1963-Section 20---Relief in a suit for specific Performance-Discretionary---To be based on the pleadings and the proof adduced-Special principles govern the grant of specified relief in exceptional cases where possession is taken or where there is part performance I uncertainty about the terms of the contract or the variation between the pleading and the proof is either immaterial or insignificant-Relief of Specific Performance cannot be claimed D only on the basis
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