NAGPUR IMPROVEMENT TRUSTversusSHEELA RAMCHANDRA TIKHE
2018 INSC 102831 October 2018Appeal(s) allowed
The Nagpur Improvement Trust (NIT) acquired 44.61 acres of land from Sheela Ramchandra Tikhe for a drainage scheme and, under a 1968 board resolution, offered to re‑allot the land on lease. Tikhe applied for the entire parcel in 1975; after negotiations, NIT allotted only 24 acres in 1982 and retained the remaining 20.…
T.M. BALAKRISHNA MUDALIARversusM. SATY ANARA YANA RAO AND OTHERS
1993 INSC 13631 March 1993Appeal(s) allowed
The appellant, T.M. Balakrishna Mudaliar, purchased agricultural lands from Abdul Salam and Razia Begum and was assigned their right of repurchase under agreements dated 15‑April‑1963. The respondents, Satyanarayana Rao and his mother Pushpavathi Ammal, refused to execute reconveyance deeds, prompting Mudaliar to sue f…
SAU. JIYAversusKULDEEP
2025 INSC 13531 January 2025Case Partly allowed
The marriage between Sau. Jiya and Kuldeep was dissolved by a family court on the ground of cruelty, a decree later affirmed by the High Court. After the husband remarried in 2019, the parties disputed a permanent alimony settlement, with the wife seeking a lump‑sum amount and the husband contesting his income and asse…
SHIV DEVELOPERS THROUGH ITS PARTNER SUNILBHAI SOMABHAI AJMERIversusAKSHARAY DEVELOPERS & ORS.
2022 INSC 11931 January 2022Appeal(s) allowed
Shiv Developers, an unregistered partnership firm, filed a suit for declaration and injunction alleging fraud and non‑payment of consideration in a sale of its share in a property to Aksharay Developers. The respondents moved to dismiss the plaint under Section 69(2) of the Indian Partnership Act, 1932, arguing that an…
SHRI RAJENDRA LALITKUMAR AGRAWALversusSMT. RATNA ASHOK MURANJAN & ANR.
2019 INSC 12131 January 2019Appeal(s) allowed
The plaintiff filed a suit for specific performance of a contract dated 08‑08‑1984, which the trial court decreed in his favour. The first appellate court reversed that decree, dismissing the suit, and the plaintiff appealed to the High Court. The High Court dismissed the second appeal, holding that it did not raise an…
ELDECO HOUSING AND INDUSTRIES LIMITEDversusASHOK VIDYARTHI AND OTHERS
2023 INSC 104330 November 2023Appeal(s) allowed
The appellant, ELDECO Housing, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated 31‑08‑1998 concerning the sale of a property, after learning that the vendor was attempting to sell to third parties. The respondent filed an application under Order VII Rule 11(d) CPC seeking dismissal of …
CHATTERJEE PETROCHEM (I) PVT. LTD.versusHALDIA PETROCHEMICALS LTD. & ORS.
2011 INSC 72930 September 2011Dismissed
The Chatterjee Group filed a Company Petition under Sections 397, 398, 399, 402, 403 and 406 of the Companies Act, 1956 alleging oppression by Haldia Petrochemicals Ltd. (HPL) for failing to register 155 million shares transferred to them and for allotting 150 million shares to Indian Oil Corporation, which they claime…
PIRTHI @ SANS! ETC.versusJATI RAM AND ORS. ETC.
1996 INSC 80430 July 1996Dismissed
Petitioner Pirthi@ Sansi entered into an agreement on 6 May 1988 to sell agricultural land to Respondent No.1 and received part payment. Respondent No.1 filed a suit for specific performance in 1993, which the trial court decreed in his favour. On appeal, the Additional District Judge set aside the decree, holding that…
SUKHBIRversusAJIT SINGH
2021 INSC 27930 April 2021Case Partly allowed
The plaintiff paid Rs.31.5 lakh of the Rs.32 lakh purchase price for land but the defendant failed to execute the sale deed. The plaintiff sued for specific performance, and the trial court ordered the defendant to execute the deed and receive the balance Rs.50,000. Before the decree was final, the land was acquired by…
APOLLO TYRES LTD.versusC.P. SABASTIAN
2009 INSC 65130 April 2009Appeal(s) allowed
The plaintiff, an employee of Apollo Tyres Ltd., filed a civil suit seeking declaration that he remained a workman, challenging his transfer, restraining the employer from forcing a promotion, and protecting his trade‑union activities. The employer contended that the civil court lacked jurisdiction over matters relatin…
HIS HOLINESS ACHARYA SWAMI GANESH DASSJIversusSH. SITA RAM THAPAR
1996 INSC 59030 April 1996Dismissed
Acharya Swami Ganesh Dassji entered into a contract on 27 February 1975 to purchase a 500‑sq‑yd plot in Delhi from Sita Ram Thapar, with the agreement that the draft sale deed be finalised and registered within seven days, making time of the essence. The seller required cash payment for the purchase, and the buyer sent…
THE MAHARASHTRA STATE COOPERATIVE HOUSING FINANCE CORPORATION LTD.versusPRABHAKAR SITARAM BHADANGE
2017 INSC 29630 March 2017Appeal(s) allowed
The Maharashtra State Cooperative Housing Finance Corporation, a cooperative society, dismissed its employee Prabhakar Sitaram Bhadange for alleged misconduct. Bhadange challenged the dismissal before the Cooperative Court, which the corporation contested on the ground that the Court lacked jurisdiction under Section 9…
PATEL FIELD MARSHAL AGENCIES AND ANR.versusP.M. DIESELS LTD. AND ANR.
2017 INSC 115729 November 2017Dismissed
The Supreme Court examined a dispute over the trademark "Field Marshal" where the plaintiff sought injunction against the defendants for alleged infringement. The defendants challenged the validity of the plaintiff's trademark and filed rectification applications under the Trade and Merchandise Marks Act, 1958. The key…
RATHNAVATHI & ANOTHERversusKAVITA GANASHAMDAS
2014 INSC 75129 October 2014Disposed off
The plaintiff entered into a 1989 agreement to purchase a house from defendant No.2, paid the full consideration, but the seller failed to execute the sale deed. The plaintiff filed two suits: one for permanent injunction to prevent dispossession by defendant No.1 and No.2, and another for specific performance of the s…
ZARINA SIDDIQUIversusA. RAMALINGAMALIAS R.AMARNATHAN
2014 INSC 75229 October 2014Appeal(s) allowed
The plaintiff sought specific performance of a 1979 agreement whereby the first defendant, owner of a one‑third undivided share in a Bangalore property, through his brother (the second defendant) who held a registered power of attorney, agreed to sell the share for Rs 40,000. The plaintiff paid the full consideration b…
NAHAR SINGHversusHARNAK SINGH AND ORS.
1996 INSC 124529 October 1996Dismissed
The appellant entered into an agreement of sale for immovable land that was described only in vague terms, lacking exact area, boundaries, and khasra numbers. The trial court granted specific performance without examining the identifiability of the property. On appeal, the lower appellate court held that the agreement …
L.S. SIKANDAR (D) BY LRS. & ORS.versusK. SUBRAMANI & ORS.
2013 INSC 57729 August 2013
The plaintiff sought specific performance of a 1983 agreement of sale and a permanent injunction, but the agreement had been terminated by a notice on 28‑03‑1985 after the plaintiff failed to pay the balance consideration and obtain required permissions within the stipulated five‑month period (extendable by two months)…
M. MEENAKSHI AND ORS.versusMETADIN AGARWAL(D) BY LRS. AND ORS.
2006 INSC 56229 August 2006Appeal(s) allowed
The defendants, owners of excess land under the Urban Land (Ceiling & Regulation) Act, 1976, entered into a sale agreement with the plaintiffs that was expressly conditioned on obtaining a statutory sanction. The competent authority refused the sanction, stating that no 1,000 sq. metres of vacant land were available fo…
HARDEO RAIversusSAKUNTALA DEVI AND OTHERS
2008 INSC 53829 April 2008Dismissed
In 1978 the appellant entered into a sale agreement with the respondent's father, representing that the land was already partitioned among co‑sharers and each held separate possession. The buyer paid part of the price and was given possession, but the seller failed to execute a sale deed, leading the buyer to sue for s…
SHIVSHANKARA & ANRversusH.P. VEDAVYASA CHAR
2023 INSC 31829 March 2023Dismissed
The appeal concerned a suit for injunction and possession of a house, filed by the plaintiff under a claim of prior possession. During the suit one defendant died, and the remaining defendants, who were also his legal representatives, continued to defend the suit. The appellants argued that the suit should abate for no…
PURAN RAMversusBHAGURAM AND ANR.
2008 INSC 27729 February 2008Case Partly allowed
Puran Ram purchased agricultural land from Bhaguram but the sale deed was never executed. The agreement mistakenly described the land as Chak No. 3 SSM instead of Chak No. 3 SLM. In the suit for specific performance, the plaintiff sought to amend both the plaint and the agreement to correct this description. The trial …
BABU LALversusHAZARI LAL KISHORI LAL & ORS.
1982 INSC 1129 January 1982Dismissed
Babu Lal purchased land from respondents 6‑9, which had earlier been agreed to be sold to respondents 1‑5. The latter sued for specific performance of their contract; the trial court dismissed, but the appellate courts decreed specific performance and ordered the sale deed to be executed in favour of the plaintiffs. Th…
R. SHAMA NAIKversusG. SRINIVASIAH
2024 INSC 92728 November 2024Dismissed
The plaintiff entered into a sale agreement on 3 March 2005 for Rs 30 lakh, paying Rs 12.5 lakh as earnest money, and later sued for specific performance of the contract. The trial court granted the decree for specific performance, but the High Court set it aside, holding that the plaintiff had not demonstrated that he…
M/S DEEP INDUSTRIES LIMITEDversusOIL AND NATURAL GAS CORPORATION LIMITED & ANR.
2019 INSC 129928 November 2019Appeal(s) allowed
The appellant, Deep Industries Ltd, was contractually terminated by ONGC for allegedly supplying second‑hand equipment and was subsequently black‑listed for two years. The dispute was referred to arbitration, where the arbitrator stayed the blacklist order conditionally, and the first appeal under Section 37 was dismis…
VINITA M. KHANOLKARversusPRAGNA M. PAI AND ORS.
1997 INSC 77128 November 1997Appeal(s) allowed
The case concerned an appeal to the Division Bench of the Bombay High Court against an order dated 15 November 1994 passed by a Single Judge in a suit for dispossession under Section 6 of the Specific Relief Act. The respondents argued that Section 6(3) of the Act barred any appeal or revision against such orders, rend…
BHOOMIREDDY CHENNA REDDY AND ANR.versusBHOOSPALLI PEDDA VERRAPPA (DEAD) BY LRS. AND ANR.
1996 INSC 140628 November 1996Dismissed
Pedda Chennaiah executed a will in 1947 bequeathing all his properties to his wife Laxmamma with a life‑interest and reserving the remainder to the sons of his wife's sister. After the Hindu Succession Act, 1956 came into force, the Court held that Laxmamma's limited right matured into an absolute ownership under Secti…
JUGRAJ SINGH AND ANR.versusLABH SINGH AND ORS.
1994 INSC 55728 November 1994Dismissed
The plaintiffs, Labh Singh and his brother, sued for specific performance of a sale agreement dated 30‑8‑1984 against the original vendor, Jasbir Singh. The petitioners, who had purchased the property later on 4‑1‑1985, were impleaded as necessary parties. All lower courts held that the petitioners were not bona‑fide p…
BHUPINDER KUMARversusANGREJ SINGH
2009 INSC 109228 August 2009Dismissed
The appellant Bhupinder Kumar entered into a sale agreement and later sued for specific performance. The trial court decreed specific performance, directing the respondent to execute the sale deed and the appellant to pay the balance within three months. The appellant failed to deposit the balance and applied for an ex…
P. D'SOUZAversusSHONDRILO NAIDU
2004 INSC 40828 July 2004Dismissed
The plaintiff, P. D'Souza, sued Shondrilo Naidu for specific performance of a sale agreement in which the parties were to exchange a building for a fixed price by 5‑Dec‑1978. The defendant had mortgaged the property, failed to produce original title documents and did not redeem the mortgage, thereby preventing executio…
P.D. AGRAWALversusSTATE BANK OF INDIA AND ORS.
2006 INSC 26428 April 2006Dismissed
P.O. Agrawal, a junior manager of State Bank of India, was repeatedly accused of misbehaving with senior officers and customers, leading to suspension and a series of disciplinary proceedings. After being acquitted in criminal trials, the bank’s disciplinary authority dismissed him, despite one charge being disproved. …
UNION OF INDIAversusMIS. MILLENIUM MUMBAI BROADCAST PVT. LTD.
2006 INSC 26928 April 2006Dismissed
The Union of India granted FM broadcasting licences to ten operators, including Millenium Mumbai Broadcast Ltd., with a requirement to co‑locate transmission facilities. Five operators defaulted, leading the licensor to allow the remaining five to use interim facilities and later require them to pay an increased licenc…
P. MEENAKSHISUNDARAMversusP. VIJAYAKUMAR & ANR.
2018 INSC 28928 March 2018Appeal(s) allowed
The appellant had mortgaged a marriage hall property and later entered into a sale agreement with respondent No.1, who paid part of the consideration. Disputes arose over the existence of the mortgage and the performance of the contract, leading respondent No.1 to sue for specific performance. The trial court ordered s…
NAGAR PALIKA, JINDversusJAGAT.SINGH, ADVOCATE
1995 INSC 22328 March 1995Appeal(s) allowed
The Municipal Committee of Jind appealed against a suit filed by Jagat Singh for a permanent injunction restraining the Committee from interfering with his claimed ownership and possession of five kanals of land. Jagat Singh relied solely on revenue records and a mutation entry, without producing a sale deed, to establ…
MUNICIPAL CORPORATION CHANDIGARH AND ORS. ETC.versusM/S SHANTIKUNJ INVESTMENT PVT. LTD.
2006 INSC 12928 February 2006Disposed off
Allottees of residential and commercial plots in Chandigarh were required to pay the balance of the premium in instalments, together with interest, penalty and ground rent, after an initial payment. They contended that the State could not demand these payments until basic amenities such as roads, water supply and drain…
SUKHWINDER SINGHversusJAGROOP SINGH & ANR.
2020 INSC 10028 January 2020Appeal(s) allowed
The plaintiff entered into an agreement of sale on 03‑01‑2004 with defendant No.1 for a plot of land at Rs 1,40,000, paying Rs 69,500 as earnest money. The plaintiff sued for specific performance and to set aside a later sale deed dated 11‑06‑2004 executed by defendant No.1 in favour of defendant No.2 (the appellant). …
INDIAN BANKversusK. USHA AND ANR. ETC. ETC.
1998 INSC 4228 January 1998
The Bank of Thanjavur was amalgamated with Indian Bank under a Scheme of Amalgamation framed pursuant to Section 45 of the Banking Regulation Act, 1949. The heirs of employees who died while in service of the transferor bank claimed compassionate appointments based on a 1982 settlement entered into under Section 2(p) o…
WALTER LOUIS FRANKLIN (DEAD) THROUGH LRS.versusGEORGE SINGH (DEAD) THROUGH LRS.
1996 INSC 139927 November 1996Appeal(s) allowed
The appellant, Walter Louis Franklin, purchased plot No. 15/45 from a church in 1937 and had been in possession, using it for poultry farming and occasional sleeping. He filed a suit for perpetual injunction under Section 38 of the Specific Relief Act, 1963, to restrain the respondent, George Singh, from interfering wi…
KAMAL KANT JAINversusSURINDER SINGH (D) THR. LRS.
2017 INSC 105727 October 2017Appeal(s) allowed
The appellant, Kamal Kant Jain, entered into an agreement to purchase a property from the respondent, Surinder Singh, based on an authorisation letter that allowed a power of attorney holder to sell the land. The agreement required payment of earnest money, and both the authorisation letter and the agreement contained …
MUKESH KUMAR AND ORS.versusCOL. HARBANS WARAICH AND ORS.
1999 INSC 49627 October 1999Dismissed
The plaintiffs, Mukesh Kumar and others, entered into an agreement with the Karta of a Hindu Undivided Family (HUF) to purchase a property, but the sale deed was not executed. One of the original defendants, Ashwani Kumar, was later transposed from the defendant side to become a plaintiff. The trial court and appellate…
M. SIDDIQ (D) THR. LRS.versusMAHANT SURESH DAS AND OTHERS ETC.
2019 INSC 123127 September 2018Directions issued
The appeals arise from civil suits concerning title to the disputed Ayodhya structure and challenge the validity of the Acquisition of Certain Area at Ayodhya Act, 1993. The petitioners sought to refer the matter to a Constitution Bench, arguing that the observations in Dr. M. Ismail Faruqui v. Union of India (1994) – …
GOBIND RAMversusGIAN CHAND
2000 INSC 46327 September 2000Dismissed
Gobindram (appellant) agreed to sell a property in Lajpat Nagar to Gian Chand (respondent) for Rs 16,000, receiving Rs 1,000 as earnest money. The sale deed was not executed within the stipulated time, prompting the respondent to sue for specific performance. The trial court decreed specific performance and the respond…
CHENNADI JALAPATHI REDDYversusBADDAM PRATAPA REDDY (DEAD) THR LRS. & ANR.
2019 INSC 95927 August 2019Appeal(s) allowed
The appellant filed a suit for specific performance of a 1993 agreement of sale, alleging that the first defendant had signed the agreement but later sold his share to a third party and refused to execute the sale deed. The defendants contended that the signature on the agreement was forged, relying on a handwriting ex…
SMT DEOKABAIversusUTTAM
1993 INSC 24727 July 1993Appeal(s) allowed
Deokabai, an elderly widow, entered into a written agreement to sell a portion of her house to Uttam, subject to obtaining permission from the competent authority and, thereafter, securing another suitable house before the sale deed could be executed. After permission was granted, Uttam demanded immediate execution of …
ASHOK KUMAR SRIVASTAVversusNATIONAL INSURANCE COMPANY LTD. AND ORS.
1998 INSC 19927 April 1998Dismissed
A.K. Srivastav was appointed as a probationary Inspector with National Insurance Company Ltd. on conditions that he achieve a premium target within twelve months, failing which his service could be terminated without notice. After failing to meet the target, the company served a notice of termination, and Srivastav fil…
P. R. YELUMALAIversusN.M. RAVI
2015 INSC 27127 March 2015Disposed off
The plaintiff‑buyer entered into a sale agreement and obtained a decree for specific performance, which required him to deposit the balance consideration of Rs.33,60,000 within one month of the decree and in the form of a demand draft. The trial court extended the time by two months, making the final deadline 26‑May‑20…
MUNICIPAL COUNCIL, UDAIPURversusMAHENDRA KUMAR
2008 INSC 41427 March 2008Disposed off
SUDHIR CHANDRA SARKARversusTATA IRON & STEEL CO. LTD. AND OTHERS.
1984 INSC 6927 March 1984Appeal(s) allowed
The appellant, a permanent uncovenanted employee of Tata Iron & Steel Co., rendered 29 years of continuous service and resigned, thereby becoming eligible for retiring gratuity under the 1937 Retiring Gratuity Rules. The company refused payment, invoking Rule 10 which purported to give it absolute discretion to pay or …
ZARIF AHMAD (D} THROUGH LRS. & ANOTHERversusMOHD. FAROOQ
2015 INSC 6627 January 2015Dismissed
The plaintiff, Mohd. Farooq, filed a suit for a permanent prohibitory injunction to restrain the defendants, Zarif Ahmad and another, from interfering with his possession of plot No. 358, describing the land by its boundaries and municipal number. The trial court decreed in favour of the plaintiff, but the first appell…
ROHIT KOCHHARversusVIPUL INFRASTRUCTURE DEVELOPERS LTD. & ORS.
2024 INSC 92026 November 2024Dismissed
Rohit Kochhar filed a suit in the Delhi High Court seeking specific performance and a permanent injunction for a commercial property situated in Gurgaon. The defendants contested the court's territorial jurisdiction, arguing that the relief required execution and registration of a sale deed in Gurgaon, which would forc…
SUGHAR SINGHversusHARI SINGH (DEAD) THROUGH LRS. & ORS.
2021 INSC 67226 October 2021Appeal(s) allowed
Sughar Singh sued for specific performance of an agreement to sell land executed in 1976, where part consideration had been paid and extensions of time were granted. The trial court and first appellate court found the agreement valid and held that the plaintiff was always ready and willing to perform his part, granting…
SATYA PAL ANANDversusSTATE OF M.P. & ORS.
2016 INSC 98826 October 2016Dismissed
The appellant, Satya Pal Anand, claimed inheritance of a plot allotted to his mother by a housing cooperative society, which after her death unilaterally executed and registered an Extinguishment Deed cancelling the allotment. He entered into a compromise deed receiving Rs.6.5 lakh, but also filed a dispute under the M…
JANARDAN DAS & ORS.versusDURGA PRASAD AGARWALLA & ORS.
2024 INSC 77826 September 2024Appeal(s) allowed
The plaintiffs, operating a petrol pump on a jointly owned property, claimed a specific performance of an oral agreement dated 06‑06‑1993 to purchase the land, alleging that the co‑owner brother had authority to bind the three sister co‑owners via a General Power of Attorney. The trial court dismissed the suit, finding…
RAMESH CHAND AND ORS.versusM/S. TANMAY DEVELOPERS PVT. LTD. & ORS.
2017 INSC 40226 April 2017Appeal(s) allowed
The appellants (land owners) entered into five sale agreements with Mis. Tanmay Developers, each involving payment of earnest money. The developer failed to obtain sale deeds within the stipulated time, leading the land owners to forfeit the earnest money. After a land acquisition notification in 2008, the parties file…
STATE BANK OF SAURASHTRAversusP. N. B.
2001 INSC 23026 April 2001Disposed off
State Bank of Saurashtra sold UTI units to P.N.B. and received payment of about Rs 102.65 crore, but failed to deliver the units. P.N.B. sued for specific performance and damages. The Special Court ordered the bank to purchase the units from the open market and deliver them. On appeal, the Supreme Court held that where…
SARDAR SINGHversusSMT. KRISHNA DEVI AND ANR.
1994 INSC 17226 April 1994
Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent sued for specific perf…
VATTICHERUKURU VILLAGE PANCHAYAT AND ORSversusNORI VENKATARAMA DEEKSHITHULU AND ORS.
1991 INSC 11826 April 1991Dismissed
The dispute involved a 100‑acre tank and its appurtenant land in Vatticherukuru village, originally granted by a zamindar for digging and maintaining a tank. The descendants of the original grantee held a ryotwari patta under the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, while the Village Panch…
TATA CONSULTANCY SERVICES LIMITEDversusCYRUS INVESTMENTS PVT. LTD. AND ORS.
2021 INSC 21726 March 2021Disposed off
The Supreme Court examined the NCLAT order that had declared Tata Sons' affairs oppressive and prejudicial, reinstated Cyrus Pallonji Mistry (CPM) as Executive Chairman and Director, restrained the Tata Trust nominees, and set aside the conversion of Tata Sons from a public to a private company. The Court held that the…
RAPID METRORAIL GURGAON LIMITED ETC.versusHARYANA MASS RAPID TRANSPORT CORPORATION LIMITED & ORS.
2021 INSC 22126 March 2021Disposed off
The Haryana government awarded concession agreements to Rapid Metrorail Gurgaon Ltd (RMGL) and Rapid Metrorail Gurgaon South Ltd (RMGSL) for two metro projects, which were later terminated by both parties amid allegations of fraud against the IL&FS group. The State agencies HSVP and HMRTC approached the High Court unde…
SILVEY & ORS.versusARUN VARGHESE & ANR.
2008 INSC 25626 February 2008Dismissed
Silvey & Ors., the vendors, entered into an agreement to sell 10 acres of land to Arun Vargheese & Anr., the purchasers, who paid an advance and were ready to perform their part of the contract. The vendors failed to furnish required documents, licences and registration, and alleged that the purchasers were not ready t…
S.R EJAZversusTAMIL NADU HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.
2002 INSC 10026 February 2002Appeal(s) allowed
The appellant, a long‑time tenant, was forcibly evicted by the respondent landlord while an eviction suit was pending. The appellant filed a criminal complaint and, within six months, instituted a suit for restoration of possession under Section 6 of the Specific Relief Act, 1963. The trial court dismissed the suit; th…
V. MUTHUSAMI (DEAD) BY LRSversusANGAMMAL AND ORS.
2002 INSC 10126 February 2002Appeal(s) allowed
The appellant, V. Muthusami (deceased), sued for specific performance of a sale agreement concerning a suit land, asserting that Angammal, a widow, had full ownership of the land. The court examined whether Angammal possessed a pre‑existing right of maintenance under Hindu law, which would give her legal possession of …
AKKAMMA & ORS.versusVEMAVATHI & ORS.
2021 INSC 78525 November 2021Case Partly allowed
The appellants (Akkamma & Ors.) filed a suit in 1987 seeking a declaration of ownership of land and a permanent injunction against the respondents (Vemavathi & Ors.) alleging interference with possession. The trial court dismissed the suit on the ground that the plaintiffs could not establish possession and therefore c…
KAPILABEN & ORS.versusASHOK KUMAR JAYANTILAL SHETH THROUGH POA GOPALBHAI MADHUSUDAN PATEL & ORS.
2019 INSC 127825 November 2019Appeal(s) allowed
The case involved a 1986 agreement to sell land between the original vendors (appellants) and original vendees, followed by four 1987 agreements where the vendees purportedly assigned their rights to the plaintiffs (respondent No.1). The plaintiffs sought specific performance of both the 1986 and 1987 agreements, claim…
JAGDISH SINGHversusNATTHU SINGH
1991 INSC 31525 November 1991Modified
Jagdish Singh appealed a High Court decree that ordered specific performance of a reconveyance agreement with Natthu Singh. The Supreme Court examined whether the High Court could re‑appraise evidence in a second appeal, whether unserved notices were deemed served, and whether compensation could replace specific perfor…
YESHODA AND ANR.versusK. NAGARAJAN
1996 INSC 110625 September 1996Dismissed
In a suit for specific performance, the trial court passed a conditional decree requiring the respondent to deposit Rs.1,80,000 by 21 April 1994. The Karnataka High Court, on the respondent’s application, extended the time by three months. The petitioners then filed an application under Section 28 of the Specific Relie…
SMT. KATTA SUJATHA REDDY & ANR.versusSIDDAMSETTY INFRA PROJECTS PVT. LTD.& ORS.
2022 INSC 86525 August 2022Disposed off
The purchaser entered into two sale agreements in 1997, paying 90% of the price but failing to pay the remaining 10% within the three‑month period stipulated as essential. After sending two notices in 2000 and 2002, the purchaser filed a suit for specific performance in 2002, which the trial court dismissed as time‑bar…
SATYA PAL ANANDversusSTATE OF M.P. AND OTHERS
2016 INSC 98825 August 2015
Satya Pal Anand, a septuagenarian, claimed that a plot of land allotted to his mother by a cooperative society was unlawfully cancelled by the society through a Deed of Extinguishment dated 9‑8‑2001, and that subsequent sale deeds to third parties were also void. The Sub‑Registrar refused to cancel the extinguishment d…
RAJESHWARIversusPURAN INDORIA
2005 INSC 38325 August 2005Appeal(s) allowed
The defendant appealed a decree for specific performance of a sale agreement, which had been upheld by the trial court and a first appeal under Section 96 CPC. The defendant filed a second appeal under Section 100 CPC, which the High Court dismissed summarily on the ground that no substantial question of law was involv…
SMT. SWARNAM RAMACHANDRAN AND ANR.versusARAVACODE CHAKUNGAL JAYAPALAN
2004 INSC 47625 August 2004Dismissed
The vendors (appellants) entered into a sale agreement for land with a bungalow, requiring payment of the purchase price in instalments. The purchaser (respondent) paid part of the consideration but missed the stipulated deadline for a later instalment. The vendors claimed that time was of the essence, extended the dea…
PARMINDER SINGHversusGURPREET SINGH
2017 INSC 66425 July 2017Dismissed
The appellant, a co‑sharer of land, entered into a 1995 agreement to sell his share to his elder brother, the respondent, for Rs 5 lakhs, with Rs 4 lakhs paid upfront and the balance to be paid upon execution of the sale deed. The appellant failed to execute the deed and the respondent sued for specific performance, al…
PRASHANT SINGH & ORS. ETC.versusMEENA & ORS. ETC.
2024 INSC 38025 April 2024Dismissed
The dispute concerned ownership of ancestral land in Mustafabad village, originally belonging to Angat and inherited by his sons, including Kalyan Singh, who was a co‑owner before consolidation proceedings began. Ram Jai Lal, an uncle, sought to have Kalyan Singh’s name removed from the revenue record under Section 49 …
MST. SUGANIversusRAMESHWAR DAS AND ANR.
2006 INSC 24425 April 2006Appeal(s) allowed
Mst. Sugani entered into an agreement to sell a house to Mahadeo on 13‑12‑1975 for Rs 7,000, paying Rs 5,000 as earnest money. Registration was barred by a prohibition on urban property sales, and Mahadeo later executed a sale deed in favour of Rameshwar Das and Jamuna Prasad. Sugani sued for specific performance on 3‑…
BAL KRISHNA AND ANR.versusBHAGWAN DAS (DEAD) AND ORS .
2008 INSC 39825 March 2008Dismissed
Bal Krishna and another filed a suit for specific performance of a reconveyance agreement concerning a house that had been sold in 1952. The plaintiffs claimed they were ready and willing to pay the consideration and sought a deed of reconveyance, while the defendant (deceased) denied the existence of the reconveyance …
RAM LALversusJARNAIL SINGH (NOW DECEASED) THROUGH ITS LRS & ORS.
2025 INSC 30125 February 2025Appeal(s) allowed
The appellant filed a suit for specific performance of a sale agreement, which was decreed in his favour on 20‑01‑2012 directing him to deposit the balance consideration within two months. The decree was affirmed by the first appellate court on 21‑04‑2015, but no time‑limit for payment was stipulated. After a two‑year …
M.P. MATHUR AND ORS.versusD.T.C. AND ORS.
2006 INSC 90424 November 2006Dismissed
The Delhi Transport Corporation (DTC) constructed 300 tenements under a subsidised housing scheme and, after an amendment, passed resolutions in 1979 to sell these houses to retired industrial workers. The workers filed suit seeking a declaration that they were entitled to ownership, relying on the resolutions and alle…
ANIL KUMAR SINGHversusSHIVNA TH MISHRA @ GADASU GURU
1994 INSC 48524 October 1994Dismissed
Daulat Singh filed a suit for specific performance of a land sale; he died and his son continued as legal representative. The plaintiff sought to amend the plaint to implead Shivnath Mishra, alleging Mishra had become a co‑owner of the land by a decree under the U.P. Zamindari Abolition and Land Reforms Act and therefo…
JAI NARAIN PARASRAMPURIA (DEAD) AND ORS.versusPUSHPA DEVI SARAF AND ORS.
2006 INSC 55224 August 2006Appeal(s) allowed
The promoters of a proposed company purchased a house and land before incorporation and later transferred the title to the incorporated company, which was declared the owner by a decree. The promoters, acting as directors, subsequently entered into a sale agreement with the appellants and also leased the property, lead…
K.NARENDRAversusRIVIERA APARTMENTS (P) LTD.
1999 INSC 26524 May 1999Appeal(s) allowed
The appellant, K. Narendra, entered into a 1972 agreement to sell a 4,000 sq m plot to Riviera Apartments (P) Ltd for Rs 8,97,740, contingent on the buyer obtaining various governmental sanctions for a multi‑storey project. The buyer failed to secure the required approvals, part of the land was later declared excess un…
HARI STEEL AND GENERAL INDUSTRIES LTD. & ANR.versusDALJIT SINGH & ORS.
2019 INSC 56924 April 2019Appeal(s) allowed
The plaintiffs alleged that the defendants had entered into an agreement to sell a Delhi property and associated business for Rs 55.50 crore, receiving Rs 5 crore as part consideration, and sued for specific performance. The defendants contested the agreement, claiming the document was forged, the signatures on pages 3…
CORRESPONDENT, ST. MICHAEL'S T.T.IversusV.N. KARPAGA MARY & ORS.
2008 INSC 52024 April 2008Case Partly allowed
The respondent, a teacher appointed in 1977 with the requisite qualifications, was terminated in 1995 after a 1994 Government Order raised the qualification standards for teachers. The termination was challenged before the High Court, which quashed the order and awarded back wages, holding that the Government Order cou…
RAJASTHAN SRTC & ORSversusMOHAR SINGH
2008 INSC 52224 April 2008Dismissed
The Rajasthan State Roadways Transport Corporation, a statutory corporation created under the Road Corporation Act, 1951, dismissed driver Mohar Singh for alleged misconduct and the dismissal was upheld by its appellate authority. Singh filed a civil suit in the Additional Munsif Court challenging the termination and t…
LALIT KUMAR JAIN AND ANR.versusJAIPUR TRADERS CORPORATION PVT. LTD.
2002 INSC 22924 April 2002Appeal(s) allowed
The plaintiff, Jaipur Traders Corp. Pvt. Ltd., executed a sale deed for an oil mill and received an initial payment, but the balance consideration was withheld pending income‑tax clearance. The parties entered into a written settlement with a director that deferred the balance payment until all formalities were complet…
NANDGANJ SIHORI SUGAR CO. LTD., RAE BARELIversusBADRI NATH DIXIT AND ORS.
1991 INSC 11124 April 1991Appeal(s) allowed
Badri Nath Dixit sued Nandganj Sihori Sugar Co. Ltd. and its officers for a mandatory injunction to enforce an alleged contract appointing him as Instrumentation Foreman, relying on letters from the holding company's chairman that purportedly promised his appointment under a Government scheme. The trial court dismissed…
N.P. SASEENDRANversusN.P. PONNAMMA & ORS.
2025 INSC 38824 March 2025Dismissed
The appellant (son) challenged a decree of the Kerala High Court that declared a 1985 deed executed by his father in favour of his sister (plaintiff) to be a settlement and a valid gift, thereby invalidating a later cancellation deed and sale deed dated 19.10.1993. The core issue was whether the 1985 instrument was a g…
DELHI DEVELOPMENT AUTHORITYversusGAURAV KUKREJA
2015 INSC 25424 March 2015Appeal(s) allowed
The Delhi Development Authority (DDA) appealed against a Delhi High Court order that directed conversion of a leasehold plot to freehold in favour of Gaurav Kukreja. The plot was originally held under a perpetual sub‑lease and was subject to an agreement to sell and a General Power of Attorney executed in favour of the…
KERALA SAMSTHANA CHETHU THOZHILALI UNIONversusSTATE OF KERALA AND ORS.
2006 INSC 17824 March 2006Appeal(s) allowed
The State of Kerala, after banning the sale of arrack in 1996, enacted the Kerala Abkari Shops Disposal Rules, 2002 which required that each toddy shop employ one former arrack worker. The rules (specifically Rules 4(2) and 9(10)(b)) were challenged by a federation of toddy‑tappers and toddy‑shop workers on the ground …
P. SHYAMALAversusGUNDLUR MASTHAN
2023 INSC 16224 February 2023Appeal(s) allowed
The plaintiff obtained an ex‑parte decree for specific performance of an agreement to sell land, directing him to pay the balance consideration of Rs 15,00,000 within two weeks, which he failed to do. After a delay of 853 days, the plaintiff sought an extension of time under CPC 148 and Section 28 of the Specific Relie…
NANJAPPANversusRAMASAMY &ANR
2015 INSC 15224 February 2015Appeal(s) allowed
The appellant, Nanjappan, entered into a 1987 sale agreement to sell his sole property for Rs 45,000, receiving an advance of Rs 25,000, with the balance to be paid within 2½ years. The time for execution was extended repeatedly, ultimately spanning eight years, and the respondents paid a total advance of Rs 42,500. Th…
MOHD. MEHTAB KHAN & ORS.versusKHUSHNUMA IBRAHIM & ORS.
2013 INSC 5724 January 2013Disposed off
The appellants (defendants 5, 10 and 11) challenged an interim mandatory injunction granted by the Bombay High Court in a suit filed under Section 6 of the Specific Relief Act, 1963, which ordered the Receiver to hand over possession of a flat and office to the plaintiffs. The trial court had refused such interim relie…
BALASAHEB DAYANDEO NAIK (DEAD) THROUGH LRS & ORS.versusAPPASAHEB DATTATRAYA PAWAR
2008 INSC 9524 January 2008Case Allowed
The plaintiffs entered into a written agreement to purchase agricultural land, agreeing that the sale deed would be executed within six months and that earnest money would be forfeited if the deadline was missed. The defendant failed to execute the sale deed and the plaintiffs sued for specific performance. The trial c…
TATA CONSULTANCY SERVICES LIMITEDversusVISHAL GHISULAL JAIN, RESOLUTION PROFESSIONAL, SK WHEELS PRIVATE LIMITED
2021 INSC 78023 November 2021Disposed off
Tata Consultancy Services Ltd (TCS) terminated a Facilities Agreement with SK Wheels Private Limited, the corporate debtor, alleging service deficiencies. The corporate debtor, represented by the Resolution Professional, sought relief under the Insolvency and Bankruptcy Code (IBC) invoking the National Company Law Trib…
M/S ANAMALLAI CLUBversusTHE GOVERNMENT OF TAMIL NADU AND ORS.
1996 INSC 120823 October 1996Disposed off
The Anamalai Club held a licence for 28.70 acres of government land for sports and recreation. The State of Tamil Nadu terminated the licence under Section 3 of the Government Grants Act, 1895 and resumed possession with police assistance on the same day, without issuing a notice under the Tamil Nadu Public Premises (E…
HEMANTA MONDAL AND OTHERSversusSRI GANESH CHANDRA NASKAR
2015 INSC 102523 September 2015Disposed off
The Supreme Court examined a dispute arising from a sale agreement where the buyer paid Rs.60,000 as earnest money and agreed to pay the balance upon execution of a sale deed. The buyer sought specific performance, possession and injunction, but the sellers refused to execute the deed, questioning the measurement of th…
ANIGLASE YOHANNANversusRAMLATHA AND ORS.
2005 INSC 43723 September 2005Dismissed
AnigLase Yohannan filed a suit for specific performance of an agreement for sale executed on 15‑Feb‑1978, alleging that he had paid an advance and was ready to pay the balance, while the defendant failed to execute the sale deed within the stipulated six months. The defendant contended that the agreement was a security…
RACHAKONDA NARAYANAversusPONTHALA PARVATHAMMA AND ANR.
2001 INSC 39023 August 2001Appeal(s) allowed
The plaintiff entered into an agreement to purchase two plots of land, paying earnest money, but later learned that the seller lacked title to one plot (Plot B). The plaintiff sought specific performance of the contract for the remaining plot (Plot A) after relinquishing any claim to Plot B and paying the full contract…
G H SURINDER PAL SONIversusSOHAN LAL (D) THRU LRS .
2019 INSC 79723 July 2019Appeal(s) allowed
The appellant sought specific performance of a sale agreement and obtained a decree from the trial court directing the respondent to execute the sale deed within two months of depositing the balance consideration. Both parties appealed; the appellate court affirmed the trial court decree, effecting a merger of the two …
SULTHAN SAID IBRAHIMversusPRAKASAN & ORS.
2025 INSC 76423 May 2025Dismissed
The appellant, a grandson of the original defendant, was impleaded as a legal heir in execution proceedings after the original defendant died. He later filed an interlocutory application under Order I Rule 10 seeking deletion of his name, claiming he was not a legal heir and that he enjoyed tenancy rights under Section…
HUSSAIN AHMED CHOUDHURY & ORS.versusHABIBUR RAHMAN (DEAD) THROUGH LRS & ORS.
2025 INSC 55323 April 2025Appeal(s) allowed
The plaintiffs, heirs of Siraj Uddin Choudhury, claimed title to land based on a 1958 registered Gift Deed executed by their grandfather. The defendants later executed a sale deed on 5 May 1997, which the plaintiffs alleged was void because the vendors lacked title. The trial court and first appellate court upheld the …
PRAKASH CHANDRAversusNARAYAN
2012 INSC 18223 April 2012Appeal(s) allowed
The appellant filed a suit for specific performance of an agreement to sell agricultural land, having paid earnest money, while the respondent failed to execute the sale deed. The trial court decreed specific performance, but the first appellate court reversed the decree on the ground that granting it would render the …
UNION OF INDIA & ORS.versusM/S. BHARAT ENTERPRISE
2023 INSC 27723 March 2023Appeal(s) allowed
The Union of India and others entered into a contract with M/s. Bharat Enterprise for repair work, which required the contractor to submit a final bill and a No Claims Certificate. The contractor submitted the final bill on 13‑02‑2002, but payment was delayed for over a year, after which the contractor raised additiona…
VISHWANATH BAPURAO SABALEversusSHALINIBAI NAGAPPA SABALE & ORS.
2009 INSC 39023 March 2009Dismissed
The case concerned a dispute over joint and self‑acquired properties of step‑brothers Bapurao and Shivappa. In 1955 four registered deeds – a partition deed, a sale deed and two settlement deeds – were executed, allegedly to protect Bapurao’s assets from creditors. After Shivappa’s death, the heirs of Shivappa sued Vis…
CHANDA (DEAD) THROUGH LRS.versusRATTNI AND ANR.
2007 INSC 33723 March 2007Dismissed
The plaintiff entered into an agreement to purchase land, paid earnest money and was required to pay the balance consideration and obtain execution of the sale deed within two months of the decree for specific performance. The trial court decreed specific performance, directing the defendants to execute the deed upon p…
THIRU K. PALANISWAMYversusM. SHANMUGAM & ORS.
2023 INSC 15623 February 2023Disposed off
The dispute concerned the All India Anna Dravida Munnetra Kazhagam (AIADMK) party's internal governance after the death of its General Secretary, when the party shifted to a joint leadership of a Co‑ordinator and Joint Co‑ordinator. A requisition by over 80% of General Council members led to a meeting on 11 July 2022, …
SOPAN SUKHDEO SABLE AND ORS.versusASSISTANT CHARITY COMMISSIONER AND ORS.
2004 INSC 5623 January 2004Appeal(s) allowed
The plaintiffs, Sopan Sukhdeo Sable and others, filed a civil suit seeking a declaration that they were tenants of properties owned by the Shaneshwar Deosthan Trust, alleging forcible eviction and claiming injunction, compensation and other reliefs. The trial court dismissed the suit under Order VII Rule 11 of the Code…
VASANTI BHATversusPREMLATA AGARWAL & ANR. ETC.
2012 INSC 53222 November 2012Disposed off
Four suits for specific performance were filed by Premlata Agarwal against a developer concerning four flats, while Vasanti Bhat, a purchaser of a different flat (No. 703), had paid Rs. 38 lakhs and received a possession letter. The High Court single judge appointed a receiver over flats 703 and 801 and barred the deve…
M/S J.P. BUILDERS & ANR.versusA. RAMADAS RAO & ANR.
2010 INSC 79922 November 2010Dismissed
CHANDRABHAN (DECEASED) THROUGH LRS. & ORS.versusSARASWATI & ORS.
2022 INSC 99722 September 2022Appeal(s) allowed
The appellant, Chandrabhan, was adopted by his paternal uncle Baliram at age 14 under customary rites. After Baliram's death, Chandrabhan claimed ownership of the uncle's property, which his first wife Champabai was later gifted. Chandrabhan filed a suit for declaration of ownership; the trial court dismissed it, but t…
K.PRAKASHversusB.R. SAMPATH KUMAR
2014 INSC 65922 September 2014Appeal(s) allowed
The appellant, K. Prakash, sued B.R. Sampath Kumar for specific performance of a 2003 agreement to sell a Bangalore property for Rs.16.10 lakh, having paid Rs.5.45 lakh as advance. The respondent contended the agreement was signed under mental pressure and that the price was far below market value, seeking to set aside…
RAMATHALversusMARUTHATHAL & ORS.
2017 INSC 79022 August 2017Appeal(s) allowed
The appellant (buyer) entered into a sale agreement where the seller was obliged to conduct a survey of the land before payment was due. The seller failed to conduct the survey, prompting the buyer to sue for specific performance. The trial court and the first appellate court both decreed specific performance, finding …
PREMJI RATANSEY SHAH AND ORSversusUNION OF INDIA AND ORS.
1994 INSC 27922 July 1994Dismissed
The petitioners claimed to be successors in title to land that had been acquired by the government for the railways under the Land Acquisition Act, 1894, and sought a declaration and an injunction to protect their possession. The trial court found them in possession, but the High Court held that the land was in the pos…
KANCHHUversusPRAKASH CHAND & ORS.
2025 INSC 54222 April 2025Appeal(s) allowed
The appellant filed a civil suit in 1987 seeking cancellation of a sale deed, but the respondents repeatedly obtained adjournments and were eventually set ex parte, leading to a decree in 1991. The respondents later filed applications under Order IX Rule 13 and the Limitation Act, which were dismissed, and their subseq…
PUNJAB NATIONAL BANKversusINDIAN BANK AND ANR.
2003 INSC 24922 April 2003Appeal(s) allowed
Punjab National Bank (PNB) sued Indian Bank and Indo‑Europe Foods Ltd for recovery of a US‑dollar bank guarantee amounting to USD 5,237,284.54. The plaint sought a decree in US dollars with rupee equivalents for court‑fee and jurisdiction purposes. PNB later applied to amend the pleading to delete the rupee equivalents…
KIRPAL KAUR AND ANOTHERversusRITESH AND OTHERS
2022 INSC 32322 March 2022Dismissed
The dispute concerned an agreement dated 11‑02‑2004 whereby Gurmeet Singh sold land to Jai Parkash for Rs.4,00,000, of which Rs.3,50,000 was paid as earnest money. The defendants argued that the agreement was a loan/security document intended for marriage expenses, while the plaintiffs contended it was a genuine sale c…
PERCEPT D'MARK (INDIA) PVT. LTD.versusZAHEER KHAN
2006 INSC 16122 March 2006Dismissed
Percept D'Mark (India) Pvt. Ltd. entered into a three‑year promotion agreement with cricketer Zaheer Khan that contained a clause giving the company a right of first refusal on any third‑party endorsement offers, even after the contract expired. After the term ended, Khan signed a similar agreement with another firm. P…
SADASHIV SHYAM SAWANT (D) THROUGH LRS. AND ORS.versusANITA ANANT SAWANT
2010 INSC 11422 February 2010Dismissed
Anita Sawant, the landlady, owned a house which she let to a tenant. On 1 October 1988 the defendants forcibly evicted the tenant and took possession of the premises. The landlady filed a suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession against the defendants. The Supreme Court examined …
R. KANDASAMY (SINCE DEAD) & ORS.versusT.R.K. SARAWATHY & ANR.
2024 INSC 88421 November 2024Appeal(s) allowed
The buyer sued the sellers for specific performance of a 2005 agreement for sale of land and a tenanted building. The trial court dismissed the suit, finding the buyer was not ready and willing to pay the balance price, while the High Court reversed that decision, holding that time was not of the essence and granting s…
MANJIT SINGH & ANR.versusDARSHANA DEVI & ORS.
2024 INSC 89521 November 2024Dismissed
The original plaintiff filed a suit for specific performance of an oral sale agreement dated 12‑02‑1986 concerning a property that the owner subsequently sold to defendants No.2 and No.3 on 29‑08‑1986. The trial court granted the decree in favour of the plaintiff, but the first appellate court set aside the decree, hol…
DAYANDEOGANPAT JADHAVversusMADHAV VITHAL BHASKAR AND ORS.
2005 INSC 51621 October 2005Dismissed
The appellant, a tenant of agricultural lands Gut Nos. 2325 and 2326, became a deemed purchaser under the Bombay Tenancy and Agricultural Lands Act, 1948 on the tillers' day of 1 April 1957. He repeatedly expressed unwillingness to purchase the land, and the Mamlatdar and Agricultural Lands Tribunal recorded his statem…
FAQUIR CHAND AND ANR.versusSUDESH KUMARI
2006 INSC 64021 September 2006Disposed off
The respondent filed a suit for specific performance of a sale agreement, claiming she was ready and willing to fulfil her part by paying the consideration. The appellant contended that the suit should fail because the pleadings did not expressly state readiness and willingness as required by Section 16(c) of the Speci…
SYED BASHEER AHMEDversusM/S TINNI LABORATORIES PRIVATE LIMITED & ANR.
2025 INSC 103021 August 2025Rejected
Syed Basheer Ahmed filed a suit for specific performance of a sale agreement concerning two parcels of land. The trial court found the plaintiff ready to pay the balance consideration and decreed specific performance. The High Court reversed this decision, holding that the agreement showed a material alteration—differe…
HANUMAPPA CHANNAPPA HULLUR (D) BY LRS.versusSHIVAMARUTHAPPA PARAPPA KALLI & ORS.
2015 INSC 59221 August 2015Disposed off
The plaintiff sought specific performance of a sale agreement executed by the father (vendor) who claimed to sell an entire joint family property, although he owned only a one‑third share. The High Court dismissed the suit, holding the agreement invalid without the consent of the other co‑owners. The Supreme Court exam…
RAMESHWAR AND ORSversusSTATE OF HARYANA & ORS.
2022 INSC 73821 July 2022Disposed off
The Supreme Court clarified the scope of the term "transfer" under the Land Acquisition Act, 1894, holding that it includes development and collaboration agreements and licences issued during the suspect period (27‑08‑2004 to 29‑01‑2010). It examined numerous applications concerning projects such as Green Heights, Godr…
SONU BABU BHAMBID & ORS.versusDREAM DEVELOPERS & ORS.
2009 INSC 93021 July 2009Dismissed
The appellants, slum dwellers, entered into a rehabilitation agreement with the respondents, a developer, which required them to obtain an eligibility certificate before the scheme could be invoked. They failed to secure the certificate, yet the developer began commercial construction on the designated plot. The appell…
INDERCHAND JAIN (D) THROUGH L.RS.versusMOTILAL (D) THROUGH L.RS.
2009 INSC 93721 July 2009Appeal(s) allowed
The parties entered into a sale agreement for a haveli; the buyer sued for specific performance and obtained a decree, which the seller appealed and had set aside. During the appeal the seller withdrew the amount deposited by the buyer, and the High Court again set aside the trial court decree. Both parties filed revie…
AHMADASAHAB ABDUL MULLA (D) BY PROPOSED LRS.versusBIBIJAN & ORS.
2008 INSC 50121 April 2008Matter referred to larger bench
The respondents filed a suit for specific performance of an agreement of sale, which the trial court decreed in their favour. The first appellate court dismissed the decree on the ground of limitation, holding that the pendency of a separate suit filed by the defendant's wife and children did not suspend the limitation…
WAHEED BAIGversusSANGI LAKSHMAMMA & ORS.
2008 INSC 50221 April 2008Case Partly allowed
The plaintiff sought specific performance of an agreement of sale of a house that had been allotted to the defendant under a subsidised industrial housing scheme. The defendant was merely a lessee and had no title to sell the property, which vested in the Government. The trial court decreed specific performance; the fi…
BAI DOSABAIversusMATHURDAS GOVINDDAS AND 0RS.
1980 INSC 9121 April 1980Dismissed
Bai Dosabhai, who had received two plots of land as a gift, executed a deed of lease in 1946 granting the lessee (Indu Prasad Dev Shankar Bhatt and successors) a right to purchase the land within seven years for a stipulated price, with provisions for rent, default, and sale by public auction. After repeated notices fo…
VASANTHIversusVENUGOPAL (D) THR. LRS.
2017 INSC 24021 March 2017Disposed off
Vasanti purchased a residential property on 26 June 1982 from the heirs of Ramnathan Chettiar and sought a declaration of title and possession. The original occupant, Venugopal (deceased), claimed he had a 1975 agreement of sale with the same owner, had paid part consideration, taken possession and invoked Section 53A …
MARIA MARGARIDA SEQUERIA FERNANDES AND OTHERSversusERASMO JACK DE SEQUERIA(DEAD) THROUGH L.RS.
2012 INSC 14021 March 2012Appeal(s) allowed
The appellant, a sister, owned a house in Goa purchased at auction, while her brother was allowed to occupy it as a caretaker. After the appellant returned to Goa in 1992, the brother filed a suit for a mandatory injunction to prevent her from taking possession, claiming a family arrangement. The trial court and High C…
HER HIGHNESS MAHARANI SHANTIDEVI P. GAIKWADversusSAVJIBHAI HARIBHAI PATEL AND ORS.
2001 INSC 15721 March 2001
The plaintiff entered into an agreement with the original defendant to develop dwelling units for weaker sections under Section 21 of the Urban Land (Ceiling and Regulation) Act, 1976, but possession of the land was never transferred and the agreement contained a clause allowing unilateral termination before possession…
JAYAKANTHAM & OTHERSversusABAYKUMAR
2017 INSC 16121 February 2017Appeal(s) allowed
The appellants entered into an agreement to sell a residential property to the respondent for Rs 1.60 lakh, receiving Rs 60,000 as advance, with the balance to be paid on execution of the sale deed. The deed was not executed within the stipulated period and the respondent sued for specific performance. The trial court …
THOMSON PRESS (INDIA) LTD.versusNANAK BUILDERS & INVESTORS P. LTD. & ORS.
2013 INSC 11821 February 2013Appeal(s) allowed
Nanak Builders sued the Sawhneys for specific performance of a 1986 sale agreement. While the suit was pending, the Sawhneys transferred the suit property to Thomson Press (India) Ltd. despite a court injunction and public notice of the dispute. Thomson Press applied under Order 1 Rule 10 CPC to be impleaded as a defen…
THE STATE OF A.P. & ORS.versusM/S. STAR BONE MILL & FERTILISER CO.
2013 INSC 11621 February 2013Appeal(s) allowed
The State of Andhra Pradesh (appellant) challenged a civil suit filed by Mis. Star Bone Mill & Fertiliser Co. (respondent) seeking declaration of title over a 3.525‑acre land. The respondent relied on a registered sale deed dated 11‑Nov‑1959 executed by M/s A. Allauddin & Sons, who were merely lessees of the State sinc…
RAM SAHAN RAIversusSACHIV SAMANAYA PRABANDHAK AND ANR.
2001 INSC 10121 February 2001Disposed off
The appellant, a clerk of a District Cooperative Bank, was dismissed without a charge‑sheet, show‑cause notice or hearing. He filed a suit seeking a declaration that the dismissal was illegal and that he should be reinstated with consequential benefits. The lower appellate court held the dismissal void for violation of…
SATISH KUMARversusKARAN SINGH AND ANOTHER
2016 INSC 8421 January 2016Appeal(s) allowed
The Delhi Development Authority allotted a lease‑hold plot to the defendant with a condition that the plot could not be transferred for ten years. The defendant executed a receipt‑agreement to sell his rights in the plot to the plaintiff for Rs 4.60 lakh, receiving an initial payment of Rs 2.30 lakh. The plaintiff sued…
P. PURUSHOTTAM REDDY AND ANR.versusM/S PRATAP STEELS LTD.
2002 INSC 3821 January 2002Appeal(s) allowed
The appellants (vendors) entered into a sale agreement with the respondent (buyer) for Rs.40.25 lakh, conditioning the sale on obtaining clearance under the Urban Land (Ceiling and Regulation) Act, 1976 by a stipulated date. When the clearance was not obtained, the vendors cancelled the agreement and refunded part of t…
SMT. BJSMILLAH BEGUM (DEAD) BY LRSversusRAHMATULLAH KHAN (DEAD) BY LRS
1998 INSC 3421 January 1998Dismissed
The appellants, legal representatives of the deceased plaintiff, had sold a property to the deceased defendant on 8 February 1955 and simultaneously obtained an agreement of reconveyance that allowed the plaintiff to regain the property if she repaid the consideration within three years. A suit for specific performance…
ABDUL RAHEEMversusTHE KARNATAKA ELECTRICITY BOARD AND ANR.
2007 INSC 116920 November 2007Appeal(s) allowed
The appellant, Abdul Raheem (Karnataka Electricity Board), entered into a sale agreement for land with Respondent No.1, who later sued for specific performance alleging the appellant's failure to perform. The trial court dismissed the suit, and the first appellate court upheld the dismissal, finding that the plaintiff …
SECURITIES AND EXCHANGE BOARD OF INDIAversusSHRI KANAIYALAL BALDEVBHAI PATEL
2017 INSC 96320 September 2017Disposed off
The Supreme Court examined whether non‑intermediary front‑running—where a person receives confidential information about a forthcoming large block trade and trades ahead of it—constitutes a prohibited fraudulent or unfair trade practice under SEBI’s Prohibition of Fraudulent and Unfair Trade Practices Regulations, 2003…
TILAK RAJ BAKSHIversusAVINASH CHAND SHARMA (DEAD) THROUGH LRS. & OTHERS
2019 INSC 92320 August 2019Dismissed
The plaintiff, Tilak Raj Bakshi, claimed that his brother (the first defendant) violated a family settlement by selling his one‑third share of a Chandigarh house to a stranger (the second defendant) without obtaining the written concurrence of the other brothers and without offering the share to the plaintiff as requir…
PEMMADA PRABHAKAR & ORS.versusYOUNGMENS VYSYA ASSOCIATION & ORS.
2014 INSC 54920 August 2014Case Partly allowed
The suit involved a self‑acquired, intestate property of the deceased Pemmada Venkateswara Rao, which devolved equally among his wife, three sons and three daughters under the Hindu Succession Act. The plaintiffs sought specific performance of a sale agreement that was executed only by two of the six co‑heirs, who did …
SHAMSU SUHARA BEEVIversusG. ALEX AND ANR.
2004 INSC 46120 August 2004Disposed off
The appellant, Shamsu Suhara Beevi, entered into a sale agreement with the respondents, G. Alex and others, but failed to execute the deed. The respondents sued for specific performance; the trial court ordered them to deposit the balance sale consideration and directed the appellant to register the deed. The responden…
RAM KUMAR AGGARWAL AND ANR.versusTHAWAR DAS (DEAD) THROUGH LRS.
1999 INSC 34620 August 1999Appeal(s) allowed
The Supreme Court examined two civil appeals arising from a dispute over a 1956 agreement to sell land and rent it, where the plaintiff sought specific performance. The High Court had set aside the trial and district court judgments, dismissed the plaintiff's suit for ejectment and decreed specific performance, relying…
THE PROJECT DIRECTOR, NATIONAL HIGHWAYS NO. 45 E AND 220 NATIONAL HIGHWAYS AUTHORITY OF INDIAversusM. HAKEEM & ANR.
2021 INSC 34420 July 2021Dismissed
The appeal concerned awards of compensation under the National Highways Act, where the amount was fixed by an arbitrator appointed by the Central Government. The petitioners argued that Section 34 of the Arbitration and Conciliation Act, 1996 should allow the court to modify such awards, especially where the award was …
SAYYED AYAZ ALIversusPRAKASH G GOYAL & ORS.
2021 INSC 34220 July 2021Disposed off
The plaintiff filed a suit for injunction and declaration concerning a property, but the trial court rejected the plaint under Order 7 Rule 11(d) of the CPC, deeming it barred by law, and then directed the plaintiff to amend the plaint and pay court fees within 15 days. The plaintiff challenged this direction by filing…
INDIAN FINANCIAL ASSN. SEVENTH PAY ADVENTISTSversusM.A. UNNEERIKUTTY AND ANR.
2006 INSC 45720 July 2006Dismissed
The Indian Financial Association of Seventh Day Adventists (the appellant) owned a 30‑cent property containing a church, school and other buildings. It passed a resolution to sell the land and, through a duly executed power of attorney, its representative (defendant No. 2) entered into two sale agreements with the plai…
MOTILAL JAINversusSMT. RAMDASI DEVI AND ORS.
2000 INSC 34320 July 2000Appeal(s) allowed
The plaintiff entered into a contract to purchase a property for Rs.25,000, paying Rs.17,000 at execution and agreeing to pay the remaining Rs.8,000 within five months at the time of execution of the sale deed. The defendant refused to accept the balance and to execute the deed. After three legal notices, the plaintiff…
RAJ KUMAR RAJINDER SINGHversusSTATE OF HIMACHAL PRADESH AND OTHERS
1990 INSC 20920 July 1990Appeal(s) allowed
The appellant, the second son of the former Raja of Bushahr, claimed ownership of about 1,720 acres of forest land based on a 1942 patta and subsequent grants by his father, the Raja. The State argued that the 1942 lease of the forests to the Punjab Government divested the Raja of any right to grant those lands and tha…
ANDHRA PRADESH TOURISM DEVELOPMENT CORPN. LTD. & ANR.versusM/S. PAMPA HOTELS LTD.
2010 INSC 22720 April 2010Disposed off
The dispute arose between Andhra Pradesh Tourism Development Corporation Ltd (APTDC) and Pampa Hotels Ltd over lease and management agreements executed on 30‑March‑2002, which contained arbitration clauses. Pampa Hotels Ltd was incorporated only on 9‑April‑2003, so it did not exist when the contracts were signed. APTDC…
PRANAB KUMAR PALversusM/S. LIZ. INVESTMENT PVT. LTD. AND ORS.
2009 INSC 55920 April 2009Disposed off
The petition filed by Liz Investment Pvt. Ltd. before the Company Law Board (CLB) alleged that the appellant, Pranab Kumar Pal, diverted a corporate opportunity and sought to restrain his resignation as a director. The CLB initially ordered the appointment of three directors by the petitioner and barred the appellant’s…
M/S. SUNDARAM FINANCE LIMITED AND ANOTHERversusT. THANKAM
2015 INSC 14120 February 2015Disposed off
Sundaram Finance Ltd. filed a suit for injunction to restrain the repossession of a vehicle financed to T. Thankam. The loan agreement contained an arbitration clause (clause 22) and a repossession clause (clause 14.6). The respondent filed the injunction suit in a civil court; the appellant moved an application under …
P.S. RANAKRISHNA REDDYversusM.K. BHAGYALAKSHMI AND ANR.
2007 INSC 16720 February 2007Dismissed
The appellant, a landlord, had taken loans from the respondent, a tenant, and later entered into a written agreement described as a sale of the same property for Rs.45,000, with Rs.15,000 paid as advance. The respondent sued for specific performance under Section 20 of the Specific Relief Act, 1963, after the appellant…
SHRI SHIVJIversusSHRI RAGHUNATH (DEAD) AND ORS.
1997 INSC 17020 February 1997Dismissed
The deceased respondent and Smt. Reshambai jointly purchased 9 acres of land. Reshambai executed an agreement of sale in favour of the appellant, promising to convey her share to the respondent, but later refused to execute the deed, alleging fraud and that the agreement was void under the rule against perpetuity. The …
SHENBAGAM & ORS.versusKK RATHINAVEL
2022 INSC 7520 January 2022Appeal(s) allowed
The appellants (Shenbagam & Ors.) entered into a 1990 agreement to sell land to the respondent (KK Rathinavel) for Rs.1,25,000, with an advance of Rs.25,000 and a further Rs.10,000 for family expenses. The respondent failed to pay the balance within six months, the sellers rescinded the contract, and the respondent lat…
PARSWANATH SAHAversusBANDHANA MODAK (DAS) AND ANR.
2024 INSC 102219 December 2024Disposed off
The plaintiff, Parswanath Saha, entered into a registered agreement of sale with the deceased predecessor of the defendants for a residential property and paid earnest money. After the predecessor's death, the defendants refused to execute the sale deed, prompting the plaintiff to sue for specific performance. The tria…
SHRI MUKUND BHAVAN TRUST AND ORS.versusSHRIMANT CHHATRAPATI UDAYAN RAJE PRATAPSINH MAHARAJ BHONSLE AND ANOTHER
2024 INSC 102519 December 2024Appeal(s) allowed
The Supreme Court heard an appeal by Shri Mukund Bhavan Trust and its trustees challenging the High Court’s affirmation of a trial court order that rejected their application under Order VII Rule 11(d) of the CPC to dismiss a plaint filed by Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj seeking declaration of own…
GIRIYAPPA & ANR.versusKAMALAMMA & ORS.
2024 INSC 104319 December 2024
Giriyappa and others filed a suit for declaration of title and recovery of possession of land. The defendants claimed they had a sale agreement dated 25‑11‑1968 and were in possession of the land under part performance, seeking protection under Section 53A of the Transfer of Property Act. The trial court decreed in fav…
LEELA AGRAWALversusSARKAR & ANR.
2024 INSC 94619 November 2024Appeal(s) allowed
The plaintiff, Leela Agrawal, mortgaged her two‑acre agricultural land to the defendant, Sarkar, in 1990 by executing a registered mortgage deed that stipulated a three‑year period for redemption, after which the deed would become an absolute sale upon default. The plaintiff attempted to redeem the mortgage in 1993, bu…
HAMIDKHANversusASHABI & ORS.
2008 INSC 131919 November 2008Case Partly allowed
The plaintiff, a lease‑holder of land and superstructure since 1951, entered into a sale agreement with a charitable trust on 26 February 1980, subject to permission from the Charity Commissioner under Section 36 of the Bombay Public Trust Act. The Commissioner initially ordered the property to be sold by public auctio…
SHYAM SINGHversusDARYAO SINGH (DEAD) BY LRS. AND ORS.
2003 INSC 64919 November 2003Appeal(s) allowed
Shyam Singh filed a suit for specific performance of a 1971 agreement of repurchase of land against Daryao Singh (deceased) and other respondents. The trial court and appellate courts dismissed the suit, holding that the right of repurchase was a personal right of the original sellers (defendants 2‑4) and could not be …
ASHAN DEVI AND ANRversusPHULWASI DEVI AND ORS.
2003 INSC 65219 November 2003Appeal(s) allowed
The decree holder obtained an ex‑parte decree for specific performance of a sale agreement concerning vacant land and executed the decree, taking possession through a court nazar. The objectors, who had earlier purchased the same land and had municipal mutation, filed an application under Order XXI Rule 99 CPC alleging…
INDIAN OIL CORPORATION LTD.versusAMRITSAR GAS SERVICE AND ORS.
1990 INSC 36019 November 1990
Indian Oil Corporation (the appellant) terminated a distributorship agreement with Amritsar Gas Service (respondent No.1) under clause 27, alleging unauthorized connections and other misconduct. The distributor sued for a declaration that the termination was illegal and sought restoration of the distributorship. The ma…
COTTON CORPORATION OF INDIAversusUNITED INDUSTRIAL BANK
1983 INSC 12319 September 1983Appeal(s) allowed
The United Industrial Bank sued the Cotton Corporation of India seeking a declaration that the bank’s branch manager lacked authority to co‑accept usance bills and also obtained an interim injunction restraining the corporation from filing a winding‑up petition against the bank. The Bombay High Court’s Division Bench u…
DECCAN PAPER MILLS CO. LTD.versusREGENCY MAHAVIR PROPERTIES & ORS.
2020 INSC 49719 August 2020Dismissed
Deccan Paper Mills entered into a development agreement with Ashray, which was later assigned to Regency Mahavir Properties containing an arbitration clause. Deccan alleged fraud by a partner of Regency and filed a suit under the Specific Relief Act, seeking cancellation of the 2006 agreement and a deed of confirmation…
ASSOCIATION OF MEDICAL SUPER SPECIALITYASPIRANTS AND RESIDENTS & ORS.versusUNION OF INDIA & OTHERS
2019 INSC 91519 August 2019Disposed off
The petitioners, a group of doctors seeking admission to postgraduate and super‑speciality medical courses, challenged state government notifications that required them to execute compulsory service bonds and pay hefty penalties for default. The issues raised concerned the constitutional competence of the states to iss…
MANIYAR ILIYAZ @ SHAIK RIYAZ & ANR.versusP. AYYAPPAN & ORS.
2026 INSC 64719 June 2026Disposed off
The appellant, a father, lost his five‑year‑old son when a tanker struck the boy as they walked to school on a road that had no footpath or pedestrian crossing. The father filed a claim for Rs 25,00,000 before the Motor Accident Claims Tribunal, which awarded Rs 7,82,000 with interest; the High Court later reduced the …
MD. ALIMUDDINversusWAIZUDDIN AND ANR.
1997 INSC 15919 February 1997Dismissed
The case concerned a decree for specific performance granted in 1982, which became final after the Supreme Court dismissed a Special Leave Petition. The trial court had directed the respondents to deposit Rs. 500 and execute a sale deed by June 7, 1982, and later extended the time for compliance on August 20, 1982, not…
STATE OF M.P.versusMANGI LAL SHARMA
1997 INSC 82918 December 1997Appeal(s) allowed
Mangi Lal Sharma, a clerk in the Madhya Pradesh Irrigation Department, resigned after a denied transfer request and remained absent for over five years, leading the State to treat his service as terminated. He filed a suit under Section 34 of the Specific Relief Act for a declaration that he remained in service, and th…
AMERICAN EXPRESS BANK LTD.versusCALCUTTA STEEL CO. AND ORS.
1992 INSC 35518 December 1992Appeal(s) allowed
The Calcutta Steel Co. (CSC) obtained a licence to import steel billets and, to reduce the end‑user's financial burden, opened an irrevocable Letter of Credit directly with the foreign supplier, though the name of the canalising agency MMTC was shown for exchange‑control purposes. Bills of exchange were drawn on "MMTC …
NIVARTI GOVIND INGALE AND ORS.versusRAVANAGOUDA BHIMANGOUDA PATIL
1996 INSC 132418 November 1996Appeal(s) allowed
Radhabai, the mother of the appellants, owned a parcel of land and obtained a loan from the respondent's father on the condition that she execute a sale deed in the name of his minor son, accompanied by an agreement of reconveyance. After receiving the loan, the father failed to execute the reconveyance deed, prompting…
B. SANTOSHAMMA & ANR.versusD. SARALA & ANR.
2020 INSC 55618 September 2020Dismissed
The Supreme Court dismissed the appeals filed by the vendor, upholding the lower courts' decree that the vendee was entitled to specific performance of the sale agreement for the remaining 200 square yards of land after the vendor had already conveyed 100 square yards to a third party. The court found that the vendee h…
R.K. MOHAMMED UBAIDULLAH AND ORS.versusHAJEE C. ABDUL WAHAB (DEAD) BY LRS.
2000 INSC 33818 July 2000Dismissed
The plaintiff entered into a sale agreement with the first defendant on 27 July 1971 for a godown, paying an advance and agreeing that the sale deed would be executed within 90 days. The first defendant reneged and sold the same property to defendants 2‑5 on 9 November 1971. The plaintiff sued for specific performance.…
GADDIPATI DIVIJA & ANR.versusPATHURI SAMRAJYAM & ORS.
2023 INSC 38518 April 2023Dismissed
The father of the appellants executed a sale agreement to sell 0.90 acres of land to the plaintiff for Rs.11.88 lakh, receiving an advance of Rs.4 lakh and obligating himself to demarcate the land within three months before the balance could be paid. After his death, the appellants failed to demarcate the land, and the…
JASWINDER KAUR (NOW DECEASED) THROUGH .versusGURMEET SINGH AND ORS
2017 INSC 128018 April 2017Appeal(s) allowed
The plaintiffs entered into an agreement to purchase 10.75 acres of land, paying earnest money of Rs.50,000 and an advance of Rs.14,50,000, but failed to arrange the balance consideration and were not ready to perform their part of the contract. The trial court and the first appellate court dismissed the suit for speci…
U.P. AVAS EVAM VIKAS PARISHAD & ORS.versusOM PRAKASH SHARMA
2013 INSC 27118 April 2013Appeal(s) allowed
The Uttar Pradesh Avas Evam Vikas Parishad (the Board) conducted a public auction of a plot, where Om Prakash Sharma was the highest bidder and deposited earnest money. The Housing Commissioner later rejected his bid, prompting Sharma to sue for a declaration that the auction was binding and the rejection illegal. The …
G.T. GIRISHversusY. SUBBA RAJU (D) BY LRS AND ANOTHER
2022 INSC 5118 January 2022Appeal(s) allowed
The Bangalore Development Authority (BDA) allotted a residential site to the first defendant in 1979, obligating her to construct a house within two years under the City of Bangalore Improvement (Allotment of Sites) Rules, 1972. In 1982 she entered into an agreement with the plaintiff to sell the site, promising posses…
PRATAP LAKSHMAN MUCHANDI AND ORS.versusSHAMLAL UDDAVADAS WADHWA AND ORS.
2008 INSC 6718 January 2008Disposed off
The Supreme Court heard two civil appeals arising from a suit for specific performance of an agreement to sell land dated 24 April 1982 for Rs.1,20,000, of which Rs.10,000 had been paid as advance. The Court held that the agreement was genuine and binding, but given the 25-year lapse and the substantial increase in pro…
ALOKA BOSEversusPARMATMA DEVI & ORS.
2008 INSC 145817 December 2008Dismissed
The appellant Aloka Bose (representing the heirs of the deceased vendor) appealed against a decree of specific performance granted to the plaintiff Parmatma Devi for the sale of a portion of a house. The dispute centered on whether a written agreement of sale signed only by the vendor, without the purchaser's signature…
HOOGHLY MILLS COMPANY LTD.versusTHE STATE OF WEST BENGAL AND ANR.
2019 INSC 115917 October 2019Appeal(s) allowed
Hooghly Mills Company Ltd., a corporate entity, sought possession of a residential flat that had been occupied by its former director, Bal Binode Bajoria, after his retirement. The company filed a criminal complaint under Section 630(1) of the Companies Act, 1956 and an application under Section 630(2) for dispossessio…
UNION OF INDIAversusIBRAHIM UDDIN & ANR.
2012 INSC 28817 July 2012Appeal(s) allowed
The plaintiff filed a suit seeking a declaration of title over agricultural land, alleging ancestral grant from the Maratha Government and a partition in 1819, while the Union of India contested the title. The trial court dismissed the suit, but the first appellate court reversed the decision by admitting a Will as add…
RAJESH KUMARversusANAND KUMAR & ORS.
2024 INSC 44417 May 2024Dismissed
The appellant entered into an agreement to sell land with a power of attorney holder acting for several co‑owners, paid earnest money and obtained extensions for registration of the sale deed. The attorney holder later executed a sale deed in favour of the respondents, prompting the appellant to send a notice and event…
BANO SAIYED PARWAZversusCHIEF CONTROLLING REVENUE AUTHORITY AND INSPECTOR GENERAL OF REGISTRATION AND CONTROLLER OF STAMPS & ORS.
2024 INSC 44317 May 2024Appeal(s) allowed
The appellant, a bonafide purchaser, paid Rs.25,34,350 as stamp duty for a conveyance deed that was never lodged because the vendor had fraudulently sold the property earlier. Upon discovering the fraud, the appellant applied online for a refund of the stamp duty on 22 October 2014 and later filed a written application…
M/S. ARVIND CONSTRUCTIONS CO. PVT. LID.versusM/S KALINGA MINING CORPORATION AND ORS.
2007 INSC 61417 May 2007Dismissed
The appellant, Mis Arvind Constructions Co. Pvt. Ltd., entered into a 1991 agency agreement and irrevocable power of attorney with Mis Kalinga Mining Corporation, a partnership firm originally registered in 1949 and later re‑registered in 2005 under the same name. After the agreement expired in 2006, disputes arose and…
DINESH SINGH THAKURversusSONAL THAKUR
2018 INSC 35617 April 2018Dismissed
The husband, a U.S. citizen, filed a petition under Sections 13 and 26 of the Hindu Marriage Act in the Gurgaon Family Court seeking divorce, while the wife filed a divorce petition in a Florida court on grounds not available under Indian law. The husband then sued in the Gurgaon court for a permanent anti‑suit injunct…
U.P. STATE SUGAR & CANE DEVELOPMENT LTD.versusRAZA BULAND SUGAR CO.LTD. AND ORS
2009 INSC 54717 April 2009Disposed off
The case concerned the interpretation of clause (vi) of Section 2(h) of the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, which defines a "scheduled undertaking" to include certain lands and buildings. Raza Buland Sugar Co. sought a declaration that several properties listed in its plaint were not covered b…
S.V.R. MUDALIAR (DEAD) BY LRS. AND ORS.versusMRS. RAJABU F. BUHARI (DEAD) BY LRS. AND ORS.
1995 INSC 26417 April 1995Appeal(s) allowed
The plaintiff S.V.R. Mudaliar sold two properties to Mrs. Rajabu Buhari in 1959 and, based on a written "gentleman's understanding" recorded as a "Record of Fact" (Ex.P1), expected the properties to be reconveyed if the purchase price was repaid within three years, with a 10% solatium. One property was reconveyed, the …
AZHAR SULTANAversusB. RAJAMANI & ORS.
2009 INSC 20017 February 2009Disposed off
Azhar Sultana entered into a sale agreement with Ramesh Chand Khanna and paid an advance of Rs 30,000. While the agreement was pending, Khanna sold the same property to defendants 5 and 6 by a registered deed, after which the plaintiff filed a suit for specific performance of her original agreement. The Supreme Court e…
MADAN MOHAN MISHRAversusCHANRIKA PANDEY (DEAD) BY LRS.
2009 INSC 20217 February 2009Dismissed
The appellant, Madan Mohan Mishra, filed a suit in 1994 seeking to set aside a deed of gift concerning agricultural lands, alleging the deed was void. Earlier, a suit filed in 1969 concerning the same lands was abated by an order dated 17 July 1973 under the Uttar Pradesh Consolidation of Holdings Act, 1953, and the ap…
BANARSI AND ORS.versusRAM PHAL
2003 INSC 9417 February 2003Appeal(s) allowed
The respondent Ram Phal sued for specific performance of a land sale agreement, while the appellants Banarsi et al. sued to cancel the agreement claiming it was a loan. The trial court denied specific performance, granting only a money decree and a conditional order for specific performance if the appellants failed to …
BALBIR SINGH & ANR. ETC.versusBALDEV SINGH (D) THROUGH HIS LRS. & ORS. ETC.
2025 INSC 8117 January 2025Dismissed
The plaintiffs obtained decrees for specific performance of a sale agreement, directing them to deposit the balance consideration within 20 days and the defendants to execute sale deeds. The trial court decrees were set aside by a first appellate court, but the High Court later restored them in regular second appeals, …
SEETHAKATHI TRUST MADRASversusKRISHNAVENI
2022 INSC 4817 January 2022Appeal(s) allowed
The dispute concerned a 0.08‑cent portion of a 120‑acre land parcel in Chengalpattu, where the appellant Seethakathi Trust claimed title based on a series of registered sale deeds dating back to 1963, while the respondent Krishnaveni sought specific performance of an earlier agreement and claimed possession of the same…
MEHARCHAND DASversusLAL BABU SIDDIQUE AND ORS.
2007 INSC 5917 January 2007Appeal(s) allowed
The appellant, a tenant, held a parcha granted by the Collector under the Bihar Privileged Persons Homestead Tenancy Act, 1947. The respondents, claiming landlord status, filed a suit to set aside the parcha on grounds of fraud and lack of jurisdiction. The trial court decreed in favour of the respondents; the appellan…
MOST. ETWARI DEVI AND ORS.versusMOST. PARVATI DEVI
2006 INSC 3017 January 2006Appeal(s) allowed
The husband of appellant No.1 (Nunu Mahto) filed a suit for specific performance against the respondent for failure to return sale deeds, claiming he was ready to pay the consideration. After his death, his heirs substituted as plaintiffs. The trial court decreed specific performance, which was affirmed by the first ap…
COMMISSIONER_ OF INCOME TAX, KANPURversusKAMLA TOWN TRUST
1995 INSC 74116 November 1995Disposed off
The Supreme Court examined two tax disputes. In Commissioner of Income Tax, Kanpur v. Kamla Town Trust, a trust created in 1941 for workers’ housing was rectified in 1945 and 1955; the Court held that the 1945 deed did not create a public charitable trust, denying exemption for 1949‑55, but the 1955 deed had wholly cha…
DEVA SAHAYAM (D) BY LRS.versusP. SAVITHRAMMA AND ORS.
2005 INSC 42416 September 2005Case Partly allowed
The appellant, a tenant, entered into an oral agreement of sale with the respondents (landlords) and later sued for specific performance. The respondents alienated the property to third parties and filed a counter‑claim for possession, alleging the tenant had denied the landlord's title. The trial court entertained the…
COROMANDEL INDAG PRODUCTS (P) LTD.versusGARUDA CHIT & TRADING CO. P. LTD. & ANR.
2011 INSC 57916 August 2011Dismissed
Coromandel Indag Products Ltd. entered into a sale agreement with Garuda Chit & Trading Co. to purchase a property for Rs. 82 lakhs, paying an advance and subsequent installments while the vendor was to furnish title documents and an income‑tax clearance. The vendor supplied the tax clearance but failed to provide a so…
MEGHMALA & ORS.versusG. NARASIMHA REDDY & ORS.
2010 INSC 51616 August 2010Appeal(s) allowed
The appellants purchased land by a registered sale deed dated 21‑May‑1980. The respondents alleged that an earlier agreement to sell the land to a cooperative society in 1976 gave them a right, and they accused the appellants of fraud and land grabbing. A Special Court under the Andhra Pradesh Land Grabbing (Prohibitio…
RANGANAYAKAMMA AND ANOTHERversusK.S. PRAKASH (D) BY L.RS. AND OTHERS
2008 INSC 71116 May 2008Dismissed
The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family settlement, and the sist…
SHIVAJI YALLAPPA PATILversusSRI RANAJEET APPASAHEB PATIL & OTHERS
2018 INSC 34216 April 2018Dismissed
Four joint owners of agricultural land agreed to sell their shares to two co‑owners, but two owners died and the widow (Respondent No.3) recorded her husband's share in her name. The remaining co‑owners executed a sale deed in favour of the plaintiffs (Respondents Nos.1 & 2) and took possession of the land, while Respo…
PUKHRAJ D. JAIN AND ORS.versusG. GOPALAKRISHNA
2004 INSC 28116 April 2004Appeal(s) allowed
The original owners of a residential building executed an agreement to sell the property to Dr. Gopalakrishna in 1974 and received an advance, but Gopalakrishna later rescinded the contract and sued for recovery of the advance. He subsequently sought to amend his suit for specific performance, which the trial court rej…