Supreme Court · 2000 INSC 444 · Decided 13 September 2000
Surjit Kaur v. Naurata Singh and ANR.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 444 · [2000] SUPP. 3 S.C.R. 259
- Case number
- CIVIL APPEAL No. 4701/1994
- Decided
- 13 September 2000
- Bench
- V.N. KHARE, S.N. VARIAVA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 12(3)
Headnote
B Specific Relief Act, 1963-Section 12 (3)-Specific performance of contract-Agreement for sale could not be executed as alienation was restrained by order of Court-Trial Court ordered refund of advance paid along with compensation-Appeal filed before High Court for enhancement C of compensation delivery of possession-Second Appeal filed against the order to execute the agreement was dismissed-On appeal held, where contract is incapable of being performed in whole and a party categorically refused to accept part-performance then there is no readiness D and willingness at all stages to
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