Supreme Court · 2014 INSC 659 · Decided 22 September 2014
K.PRAKASH v. B.R. Sampath Kumar
- Court
- Supreme Court of India
- Citation
- 2014 INSC 659 · [2014] 13 S.C.R. 702
- Case number
- CIVIL APPEAL No. 9047/2014
- Decided
- 22 September 2014
- Bench
- M.Y. EQBAL, PINAKI CHANDRA GHOSE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 16(c), 20
Headnote
Specific Relief Act, 1963 - ss.16(c) and 20- Specific performance of contract -Agreement to sell property- Suit c for specific performance of the agreement - Held: Remedy for specific performance is an equitable remedy- The Court while granting relief for specific performance exercises exercised in accordance with sound and reasonable judicial principles - D On facts, High Court erred in holding that the agreement was executed by respondent without free mind and volition and under some pressure - Once an agreement to sell is legal and validly proved and further requirements for
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