Satish Kumar Vs. Karan Singh & Anr.
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Head Note
The Specific Relief Act, 1963 - Section 20
Specific Performance - Receipt-cum- Agreement - Jurisdiction to order specific performance of contract is based on the existence of a valid and enforceable contract - Where a valid and enforceable contract has not been made, the Court will not make a contract for them - Specific performance will not be ordered if the contract itself suffers from some defect which makes the contract invalid or unenforceable - In the allotment letter issued by DDA there was a condition that land is not transferrable for a period of 10 years - High Court failed to hold that a decree for specific performance cannot be passed - No decree for specific performance can be passed on the basis of the alleged receipt-cum- agreement - Judgments passed by the Trial Court and the High Court liable to be set aside - Appellant directed to refund a sum of Rs.4,30,000/- which was paid by the respondents to the appellant together with interest @ 6% per annum from the date of such receipt.
Topic(s)-Specific Performance - Contract - No specific performance