Supreme Court · 2008 INSC 375 · Decided 14 March 2008
Gurdial Kaur (D) Through LRS. v. Piara Singh (D) Through LRS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 375 · [2008] 5 S.C.R. 163
- Case number
- CIVIL APPEAL No. 2005/2008
- Decided
- 14 March 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100(5); Constitution; Specific Relief Act Section 12, 16, 20
Headnote
Specific Relief Act, 1963 - ss. 12, 16 ( c ), 20 and 28 - Agreement of sale - Failure to execute sale deed - Suit for specific performance of contract - Subsequent change in the c revenue survey numbers in respect of the land in question - Trial court denying decree of specific performance holding with requirements of s. 16 (c) having failed to state that he was always ready and willing - However directed refund of the advance amount paid by the vendee - D First appellate court denying the decree of specific ~· performance on the ground that there was failure to show readiness and
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