Supreme Court of India

L.S. Sikandar (d) by Lrs. & Ors. v. K. Subramani & Ors.

Neutral citation
Reported as [2013] 17 S.C.R. 24
Bench G.S. Singhvi and V. Gopala Gowda JJ.
Decided 29 August 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the grant of the decree for specific performance by the High Court in the impugned judgment is wholly unsustainable in law.

Judgment, page 31

From the headnote

Specific Relief Act, 1963- ss. 16(c) and 20- Decree of specific performance - Grant of- Discretionary power of Court- Court to c see conduct of the party as well as the attending circumstances of the case - Suit for specific petiormance of the agreement of sale and for grant of decree of permanent injunction - Trial court held that 5th defendant was owner of the suit property pursuant to sale .deed in question and was entitled to take possession of the same from the plaintiff--High Court ri;;versed the decree, granting decree · for specific petiormance of the agreement of Sale in favour of

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