Supreme Court · 2010 INSC 386 · Decided 8 July 2010
Laxman Tatyaba Kankate & ANR. v. Taramati Harishchandra Dhatrak
- Court
- Supreme Court of India
- Citation
- 2010 INSC 386 · [2010] 8 S.C.R. 310
- Case number
- CIVIL APPEAL No. 6509/2005
- Decided
- 8 July 2010
- Bench
- B.S. CHAUHAN, SWATANTER KUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Specific Relief Act Section 13
Headnote
Specific Relief Act, 1963 - ss. 13(1 )(c) and 20 - Agreement to sell - Failure to execute sale deed - Suit for C specific performance and, in the alternative, for refund of earnest money - Trial court partly decreeing the suit and directing refund of earnest money - First appellate court performance - High Court affirming the decree passed by first appellate court - Held: Grant of D decree of specific performance is lawful and also justified on the facts as well as equity - Even if the property was mortgaged to Co-operative Society, there is no bar to transfer the property in
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