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Supreme Court judgments on Specific Relief Act, 1963

43 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Sections
Section 16 10Section 20 5Section 28 7
Topics
Cancellation of sale deed 25
Anand Narayan Shukla vs Jagat Dhari
SC · 8 May 2026
[2026] 5 S.C.R. 453 : 2026 INSC 463
Issue arose whether the decree of specific performance passed by the trial court merged in the order of the appellate court even though the appellate court dismissed the appeal for non-prosecution; whether respondent’s a…
Habban Shah vs Sheruddin
SC · 6 May 2026
[2026] 5 S.C.R. 404 : 2026 INSC 451
Issue arose whether the decree of specific performance passed by the court of first instance directing for the execution of sale deed on deposit of the balance sale consideration within three months would be inexecutable…
Muslimveetil Chalakkal Ahammed Haji vs Sakeena Beevi
SC · 7 January 2026
[2026] 1 S.C.R. 395 : 2026 INSC 35
Whether the issue of limitation was erroneously decided by the trial Court as well as the High Court, leading to an unjustified rejection of the suit for specific performance of agreement to sell filed by the appellant;…
K.S. Manjunath and Others vs Moorasavirappa @ Muttanna Chennappa Batil, Since Deceased by His Lrs and Other
SC · 10 November 2025
[2025] 12 S.C.R. 43 : 2025 INSC 1298
Whether the High Court committed any error in passing the impugned judgment whereby it allowed the appeals filed by the vendees and set aside the decree passed by the Trial Court, while granting the relief of specific pe…
Estate Officer, Haryana Urban Development Authority and Ors. vs Nirmala Devi
SC · 14 July 2025
[2025] 7 S.C.R. 777 : 2025 INSC 843
The matter pertains to allotment of residential plots/commercial sites to the Oustees-respondents pursuant acquisition of their land for the purpose of development of the residential sector. The issue arose whether the r…
K.R. Suresh vs R. Poornima & Ors.
SC · 2 May 2025
[2025] 6 S.C.R. 22 : 2025 INSC 617
Issue arose as regards the correctness of the order passed by the courts below dismissing the suit instituted by the appellantpurchaser for specific performance of contract; and whether the appellant entitled to the refu…
Hussain Ahmed Choudhury & Ors. vs Habibur Rahman (Dead) Through LRs & Ors.
SC · 23 April 2025
[2025] 4 S.C.R. 2320 : 2025 INSC 553
Whether the High Court was right in taking the view that the suit of the plaintiff for declaration of his title based on a valid Gift Deed should fail as the plaintiff omitted to pray for the consequential relief of canc…
Balbir Singh & Anr. Etc. vs Baldev Singh (D) Through His LRs. & Ors. Etc.
SC · 17 January 2025
[2025] 1 S.C.R. 781 : 2025 INSC 81
The two questions of law fall for consideration in the instant appeal; First, the effect of merger of the trial court’s decree with that of the decree passed by High Court in second appeals; Secondly, whether the defenda…
Vijay Prabhu vs S.T. Lajapathie & Ors.
SC · 8 January 2025
[2025] 1 S.C.R. 718 : 2025 INSC 52
Whether the High Court was justified in finding that the original plaintiff was not entitled to discretionary relief of specific performance under Section 12 of the Specific Relief Act; whether the relinquishment of clai…
Parswanath Saha vs Bandhana Modak (Das) and Anr.
SC · 20 December 2024
[2024] 12 S.C.R. 1186 : 2024 INSC 1022
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.
Birma Devi & Ors. vs Subhash & Anr.
SC · 6 December 2024
[2024] 12 S.C.R. 484 : 2024 INSC 949
Whether the relief of possession may be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit prope…
R. Shama Naik vs G. Srinivasiah
SC · 28 November 2024
[2024] 11 S.C.R. 1325 : 2024 INSC 927
Whether plaintiff failed to establish that he was always ready and willing to perform his part of the contract.
Manjit Singh & Anr. vs Darshana Devi & Ors.
SC · 21 November 2024
[2024] 11 S.C.R. 876 : 2024 INSC 895
High Court held that the appellants-subsequent purchasers could not be said to be bona fide purchasers in accordance with Section 19 (b) of the Specific Relief Act, 1963 and decreed the suit of the plaintiff granting spe…
Janardan Das & Ors. vs Durga Prasad Agarwalla & Ors.
SC · 26 September 2024
[2024] 9 S.C.R. 947 : 2024 INSC 778
Issue arose as to whether the plaintiffs proved their continuous readiness and willingness to perform their part of the contract as mandated u/s.16(c) of the Specific Relief Act, 1963; whether the agreement to sell was v…
Ishwar (Since Deceased) Thr. Lrs & Ors. vs Bhim Singh & Anr.
SC · 3 September 2024
[2024] 9 S.C.R. 1 : 2024 INSC 651
Issue arose as to whether the execution court had jurisdiction to deal with the application for rescission of contract and extension of time to deposit the balance sale consideration; and if execution court had the juris…
P. Ravindranath & Anr. vs Sasikala & Ors.
SC · 15 July 2024
[2024] 7 S.C.R. 1347 : 2024 INSC 533
Parties entered into an agreement to sell for sale of a property. Defendant no.1 sent various notices to plaintiffs to execute the sale deed. However, plaintiffs did not execute the sale deed. Thereafter, defendants exec…
Maharaj Singh & Ors. vs Karan Singh (Dead) Thr. Lrs. & Ors.
SC · 9 July 2024
[2024] 7 S.C.R. 396 : 2024 INSC 491
Can the contention that the suit agreement was sham and bogus and not intended to be acted upon be allowed to be raised notwithstanding Sections 91 and 92 of the Evidence Act; Was the suit agreement sham and bogus and no…
Rajesh Kumar vs Anand Kumar & Ors.
SC · 17 May 2024
[2024] 5 S.C.R. 612 : 2024 INSC 444
Matter pertains to deposition of power of attorney holder in a suit for specific performance, in place and instead of the plaintiff-principal wherein the plaintiff is required to aver and prove his readiness and willingn…
Vasantha (Dead) Thr. Lr. vs Rajalakshmi @ Rajam (Dead) Thr.Lrs.
SC · 13 February 2024
[2024] 2 S.C.R. 326 : 2024 INSC 109
The action that set in motion the instant dispute was in the year 1947, when a mother ‘T’ transferred property by executing First Settlement Deed in one form to her two sons and in another, to her daughter. Some forty-od…
Alagammal and Ors. vs Ganesan and Anr.
SC · 10 January 2024
[2024] 1 S.C.R. 374 : 2024 INSC 28
Whether the Agreement between the seller and the buyer discloses a fixed time-frame for making payment in full by the buyer that is, in terms of the recitals in the agreement for sale executed by the seller in favour of…
Gaddipati Divija & Anr. vs Pathuri Samrajyam & Ors.
SC · 18 April 2023
[2023] 3 S.C.R. 802 : 2023 INSC 385
Specific Relief Act, 1963 – s. 16 – 2018 amendment – Specific Performance – Father of appellants executed an agreement of sale with respondent no. 1-plaintiff, whereby he agreed to sell the suit schedule property measuri…
P. Shyamala vs Gundlur Masthan
SC · 24 February 2023
[2023] 3 S.C.R. 35 : 2023 INSC 162
Specific Relief Act, 1963 : s. 28 – Rescission of agreement to sell, the specific performance of which is decreed – On facts, agreement to sell the suit property between the late mother of the appellant and the responden…
P. Daivasigamani vs S. Sambandan
SC · 12 October 2022
[2022] 18 S.C.R. 199 : 2022 INSC 1070
Specific Relief Act, 1963 – Ss. 10, 16 & 20 – Agreement to sell – default to perform contract – readiness and willingness – delay in filing of suit – Appellant entered into an agreement to sale with the respondent in the…
Raman (Dead) by Lrs. vs R. Natarajan
SC · 13 September 2022
[2022] 11 S.C.R. 227 : 2022 INSC 954
Specific Relief Act, 1963 – s.12, 13(1)(b) – Limitation Act, 1963 – s.18(1), Art.54 – Suit for specific performance involving third party – Grant of decree for specific performance – Correctness of – Held: High Court oug…
Smt. Katta Sujatha Reddy & Anr. vs Siddamsetty Infra Projects Pvt. Ltd.& Ors.
SC · 25 August 2022
[2022] 17 S.C.R. 416 : 2022 INSC 865
Specific Performance – Limitation Act, 1963 – Article 54 – Limitation period for Specific Performance – Specific Relief Act, 1963 – ss. 10, 12 – Appellant herein (Purchaser) entered into an agreement with the Respondents…
U.N. Krishnamurthy (Since Deceased) Thr. Lrs. vs A. M. Krishnamurthy
SC · 12 July 2022
[2022] 13 S.C.R. 250 : 2022 INSC 714
Specific Relief Act, 1963 – s.16 (prior to amendment w.e.f 1.10.2018) – Readiness and willingness to perform – Both ingredients necessary for the relief of specific performance – Suit for specific performance of an agree…
Kishor Ghanshyamsa Paralikar (Dead) vs Balaji Mandir Sansthan Mangrul (Nath) and Anr.
SC · 9 May 2022
[2022] 3 S.C.R. 553 : 2022 INSC 538
Specific Relief Act, 1963 – s.28 – Rescission of contract for sale or lease of immovable property, the specific performance of which has been decreed – s.28 gives to the vendor or the lessor the right to rescission of th…
Kirpal Kaur and Another vs Ritesh and Others
SC · 22 March 2022
[2022] 1 S.C.R. 798 : 2022 INSC 323
Specific Relief Act, 1963: s.20 – Applicability of – Specific performance – Concurrent findings of facts recorded by all the courts below on the execution of agreement to sell and on the payment of part sale consideratio…
Seethakathi Trust Madras vs Krishnaveni
SC · 17 January 2022
[2022] 1 S.C.R. 322 : 2022 INSC 48
Specific Relief Act, 1963: s.19(b) – A previous suit filed by respondent for specific performance of agreement of sale of land was decreed and pursuant thereto, execution proceedings were commenced – Surveyor was appoint…
Akkamma & Ors. vs Vemavathi & Ors.
SC · 25 November 2021
[2021] 10 S.C.R. 1187 : 2021 INSC 785
Specific Relief Act, 1963 – s.34 – Two suits were filed in 1982 and 1987 in respect of the suit property – The 1982 suit, for perpetual injunction, was dismissed by the trial Court on the ground that plaintiff could not…

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