Supreme Court · 2012 INSC 555 · Decided 3 December 2012

Satya Jain (D) THR. LRS. & ORS. v. Anis Ahmed Rushdie (D) TR.LRS. & ORS.

Court
Supreme Court of India
Citation
2012 INSC 555 · [2013] 3 S.C.R. 319
Case number
CIVIL APPEAL No. 8653/2012
Decided
3 December 2012
Bench
P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Limitation Act Section 15(5); Specific Relief Act Section 20

Headnote

Specific Performance: A B Agreement to sell - Suit by purchaser, for specific c , performance of agreement - Decreed by trial court - High Court reversed the decree - Held: Purchaser was, at all times, ready and willing to perform his part of the contract - It was the seller who of sale deed -Insistence of the seller on further payments by the purchaser directly to D him and not to the Income Tax Authorities was not justified - Purchaser was not obliged to make any further payment to seller apart from payment of earnest money - Purchaser entitled to decree of specific

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