Supreme Court of India
Kapilaben & Ors. v. Ashok Kumar Jayantilal Sheth through Poa Gopalbhai Madhusudan Patel & Ors.
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.
What the Court ordered
We are of the opinion that the term ‘name proposed by the vendee’ in the 1986 agreement refers to a nominee to be pro posed at the time of execution of the sale deed and not a subsequent a ssignee.
Judgment, page 21
From the headnote
Specific Performance: Specific performance of contract – Agreement to sel l disputed property in the year 1986 between original vendor and original vendees – Sale was to be executed upon rec eipt of remaining consideration from the original vendees within s tipulated time – The original vendees thereafter in the year 1 987 executed four agreements to sell the four different portions of the property in dispute to the vendees in the present case (i.e. resp ondent Nos.1) – The vendees under 1987 agreement were required to start a housing project on the land in question – Suit for specific
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