Supreme Court · 2024 INSC 884 · Decided 21 November 2024
R. Kandasamy (Since Dead) & ORS. v. T.R.K. Sarawathy & ANR.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 884 · [2024] 11 S.C.R. 1099
- Case number
- CIVIL APPEAL No. 3015/2013
- Decided
- 21 November 2024
- Bench
- DIPANKAR DATTA, SANJAY KAROL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act
Headnote
Trial Court dismissed the suit for specific performance of an agreement for sale by the buyer. High Court allowed the appeal thereagainst and granted decree for specific performance. Whether the impugned judgment of the High Court warrants any interdiction in exercise of Whether an omission on the part of the trial court to frame an issue on maintainability of a suit touching jurisdictional fact by itself takes away the powers of the higher court to examine whether the jurisdictional fact did exist for grant of relief as claimed. Specific
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)