Supreme Court · 1956 INSC 5 · Decided 31 January 1956

Jai Narain Ram Lundia v. Kedar Nath Khetan and OTHERS.

Court
Supreme Court of India
Citation
1956 INSC 5 · [1956] 1 S.C.R. 62
Case number
CIVIL APPEAL No. 206/1955
Decided
31 January 1956
Bench
N. CHANDRASEKHARA AIYAR, VIVIAN BOSE, SYED JAFFER IMAM (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 47

Headnote

COURT REPORTS JAI NARAIN RAM LUNDIA v. (1956) KEDAR NATH KHETAN AND OTHERS. [VIVIAN BosE, JAFER IMAM and CHANDRASEKHARA AIYAR JJ.) Execlttion-Power of transferee Court,-DeOTet for specific pSf'­ formance-Reciprocal conditions indissolubly link.d together-AltSf'a­ tion in a material on the paities are reciprocal and inseverable, rendering pa.rtie.l execution impossible, the decree must be executed wholly as it stands or not at all. This is particularly true of a decree for specific performa.nce where the party who seeks execution must satisfy the executing court that he

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