Supreme Court · 2002 INSC 414 · Decided 30 September 2002

Nirmala Anand v. Advent Corporation (P) LTD. and ORS.

Court
Supreme Court of India
Citation
2002 INSC 414 · [2002] SUPP. 2 S.C.R. 706
Case number
CIVIL APPEAL No. 574/1988
Decided
30 September 2002
Bench
G.B. PATTANAIK, Y.K. SABHARWAL, H.K. SEMA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Contract Act

Headnote

Contract Act, 1872: Agreement for purchase of flat-Part payment made by purchaser- C Before completion of constrziction lease of the' land was cancelled by Corporation-Seller could not perform his obligation-Suit for specific performance-Single Judge rejected prayer for specific performance but two­ Judge Bench Held, purchaser entitled to specific performance of agi:eement- D Difference of opinion between the Judges on the amount to be paid by the purchaser to the seller in .tie11 of unpaid balance-Matter referred to three­ Judge Bench-Held, purchaser was ready and willing to

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