Supreme Court · 2017 INSC 1057 · Decided 27 October 2017

Kamal Kant Jain v. Surinder Singh (D) THR. LRS.

Court
Supreme Court of India
Citation
2017 INSC 1057 · [2017] 10 S.C.R. 1128
Case number
CIVIL APPEAL No. 17321/2017
Decided
27 October 2017
Bench
R.F. NARIMAN, SANJAY KISHAN KAUL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Specific Relief Act Section 23

Headnote

Specific Relief Act, 1963 - s.23 - Liquidation of damages not a bar to specific performance - Respondent authorised one 'H' to C sell the property in question by way of an authorisation letter - Accordingly, agreement to sell entered into between the appellmit­ buyer and respondent-seller, in paid by appellant - Refusal by respondent to perform his part of the agreement - Suit.for specific performance filed by appellant, dismissed by Trial court - Appeal filed by appellant was dismissed D - Second appeal filed by appellant, dismissed by before High Court holding that s.23 barred the

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