Supreme Court · 2026 INSC 451 · Decided 6 May 2026
Habban Shah v. Sheruddin
- Court
- Supreme Court of India
- Citation
- 2026 INSC 451 · [2026] 5 S.C.R. 404
- Case number
- CIVIL APPEAL No. 7062/2026
- Decided
- 6 May 2026
- Bench
- PANKAJ MITHAL, SARASA VENKATANARAYANA BHATTI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 28; Limitation Act; Specific Relief Act Section 28
Headnote
Issue arose whether the decree of specific performance passed by the court of first instance directing for the execution of sale deed on deposit of the balance sale consideration within three months would be inexecutable for the reason that the balance sale consideration Act,1963 - s.28 - Code of Civil Procedure, 1908 - Ord. XX r.12A - Specific performance - Executability of conditional decree - Non-deposit of balance sale consideration within stipulated time - Defendant-appellant entered into agreement to sell the
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