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Supreme Court of India

Parswanath Saha v. Bandhana Modak (das) and Anr.

Neutral citation
Reported as [2024] 12 S.C.R. 1186
Bench J.B. Pardiwala and R. Mahadevan JJ.
Decided 19 December 2024

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

In view of the aforesaid the High Court committed an error in taking the view that the plaintiff is not entitled to the decree for specific performance as the same would cause hardship to the defendants.

Judgment, page 21

From the headnote

Issue for Consideration Whether the High Court committed any error in passing the impugned judgment setting aside the decree of specific performance passed by the Trial Court in favour of the plaintiff-appellant. Headnotes† Specific Relief Act, 1963 – s.20, prior to the 2018 Amendment – Discretion as to decreeing specific performance – Agreement of Sale was executed by the predecessor of the defendants- respondents (husband of respondent no.1 and father of respondent no.2) in favour of the plaintiff-appellant however, he died before the execution of the Sale deed – Defendants declined to

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