Supreme Court of India
Surinder Kaur (d) Thr. Lr. Jasinderjit Singh (d) Thr. Lrs. v. Bahadur Singh (d) Thr. Lrs.
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What the Court ordered
In view of the above, we allow the appeals, set aside the judgment and decree of all the courts below and dismiss the suit for specific performance.
Judgment, page 9
From the headnote
Specific Relief Act, 1963 – s.16(c) – Performance of the essential terms of the contract – Pr edecessor -in-inter est of the appellants enter ed into an agr eement to sell the suit land with predecessor -in-inter est of the r espondents for total consideration of Rs. 5605/- – Out of this Rs.1000/- was paid as earnest money at the time of execution of agr eement to sell – The possession of the land was handed over to the pr edecessor -in-inter est of the respondents (vendee) – Since ther e was some litigation with r egard to the pr operty it was agr eed between the par ties that the sale deed
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