Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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ILC-2016-SC-CIVIL-Jan-31

Satish Kumar Vs. Karan Singh & Anr.

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







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@2016 Indian Law
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