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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)