Supreme Court · 2024 INSC 778 · Decided 26 September 2024
Janardan Das & ORS. v. Durga Prasad Agarwalla & ORS.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 778 · [2024] 9 S.C.R. 947
- Case number
- CIVIL APPEAL No. 613/2017
- Decided
- 26 September 2024
- Bench
- VIKRAM NATH, PANKAJ MITHAL, PRASANNA BHALACHANDRA VARALE (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 16(c), 20
Headnote
Issue arose as to whether the plaintiffs proved their continuous readiness and willingness to perform their part of the contract as mandated u/s.16(c) of the Specific Relief Act, 1963; whether the agreement to sell was valid and enforceable against three that defendant no. 1-co-owner lacked the authority to act on their behalf without a valid and subsisting General Power of Attorney; and whether the relief of specific performance, being discretionary, having been denied by the trial court was rightly granted by the High Court.
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