Supreme Court · 2004 INSC 461 · Decided 20 August 2004
Shamsu Suhara Beevi v. G. Alex and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 461 · [2004] SUPP. 3 S.C.R. 653
- Case number
- CIVIL APPEAL No. 3729/2000
- Decided
- 20 August 2004
- Bench
- ASHOK BHAN, S.H. KAPADIA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Contract Act; Specific Relief Act Section 21, 28(3)
Headnote
BEEVI V. G. ALEX AND ANR. AUGUST 20, 2004 [ASHOK BHAN AND S.H. KAPADIA, JJ.) Specific Relief Act, 1963; Ss. 21 and 28(3)/Jndian Contract Act, 1872: Agreement of sale of land-Vendorjailed to execute within time period prescribed-Suit for specific performance filed by Vendee-Decreed by Trial deed allowed by trial Court-Affirmed by High Court-On appeal, Held : Though Courts have D discretionary powers to award damages without any pleading to that effect, they cannot overlook the question of hardship caused to opposite party-- Jn no case should compensation be decreed unless it is
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