Supreme Court of India
Satish Kumar v. Karan Singh and Another
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What the Court ordered
We are of the view that the impugned order passed by the trial court and affirmed by the High Court cannot be sustained in law inasmuch as no decree for c 620 SUPREME COURT REPORTS [2016] 11 S.C.R. A specific performance can be passed on the basis of the alleged receipt cum-agreement.
Judgment, page 6
From the headnote
Specific Relief Act, 1963 - s.20 - Specific performance of contract - Requirement of law for passing decree for specific performance - Lease-hold plot recommended by DDA to be allotted to appellant- Receipt-cum-Agreement executed whereunder appellant agreed to sell his rights in the plot to respondent for consideration - Part consideration paid by respondent - Balance amount was to be paid by respondent subsequently - Responde11t filed suit for specific performance - Trial court held that the said receipt-cum-agreement was an enforceable contract and on that finding decreed the suit which was
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