LegalFirms.in

Supreme Court and High Courts judgments on Specific performance

174 judgments, latest first, from 2018 to 2026. A judgment is listed here when its headnote names this subject: the Supreme Court Reports' own headnote (naming the subject), or an AI-written headnote that was reviewed and approved. A mention in the full text alone does not count, and criminal cases are not listed under this subject.

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.
Rohit Kochhar vs Vipul Infrastructure Developers Ltd. & Ors.
SC · 26 November 2024
[2024] 11 S.C.R. 1289 : 2024 INSC 920
Whether the relief sought by the plaintiff in respect to the suit property can be entirely obtained through the personal obedience of the defendants warranting the application of the proviso to Section 16 of the Code of…
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…
R. Kandasamy (Since Dead) & Ors. vs T.R.K. Sarawathy & Anr.
SC · 21 November 2024
[2024] 11 S.C.R. 1099 : 2024 INSC 884
Trial Court dismissed the suit for specific performance of an agreement for sale by the buyer. High Court allowed the appeal thereagainst and granted decree for specific performance. Whether the impugned judgment of the…
Shyam Kumar Inani vs Vinod Agrawal & Ors.
SC · 12 November 2024
[2024] 11 S.C.R. 2375 : 2024 INSC 865
Whether the Appellants are entitled to specific performance of an Agreement to Sell dated 30.08.1990. Whether the Agreement to Sell dated 30.08.1990 executed by one Sushila Devi was valid and enforceable; whether such ex…
M/s Siddamsetty Infra Projects Pvt. Ltd. vs Katta Sujatha Reddy & Ors.
SC · 8 November 2024
[2024] 11 S.C.R. 667 : 2024 INSC 861
Issue arose, whether the judgment of this Court suffers from an error apparent on the face of the record which warrants the exercise of the review jurisdiction; whether the suit instituted by the petitioner was barred by…
Shingara Singh vs Daljit Singh & Anr
SC · 14 October 2024
[2024] 10 S.C.R. 901 : 2024 INSC 770
Whether the High Court, under the impugned judgment, was justified in holding that the sale deed executed by defendant no. 1 in favour of defendant no.2/appellant was hit by doctrine of lis pendens and that defendant no.…
Lakha Singh vs Balwinder Singh & Anr.
SC · 27 September 2024
[2024] 10 S.C.R. 79 : 2024 INSC 744
Whether the entire case of the respondent-plaintiff regarding execution of the disputed agreement; alleged payment of Rs.16,00,000/- in cash to the appellant-defendant and alleged appearance of the respondent-plaintiff i…
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…
Bidyut Sarkar & Anr. vs Kanchilal Pal (Dead) Through Lrs. & Anr.
SC · 28 August 2024
[2024] 8 S.C.R. 984 : 2024 INSC 704
Issue arose as regards admissibility of the insufficiently stamped agreement to sell.
Usha Devi & Ors. vs Ram Kumar Singh & Ors.
SC · 5 August 2024
[2024] 8 S.C.R. 501 : 2024 INSC 599
Respondents had filed a suit for specific performance in September 1993 inter alia seeking execution of sale deed on the basis of an agreement to sell dated 17.12.1989. As per the said agreement, the sale deed was to be…
Ashokbhai Ramcharan Shrivastava vs Dhaniben Mohammedbhai Chauhan
Gujarat HC · 1 August 2024
The appellant-original plaintiff filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 challenging the order of the 12th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vadodara…
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…
Ashokbhai Madhubhai Patel vs Madhubhai Jagubhai Patel
Gujarat HC · 10 July 2024
The appellant-plaintiff filed a suit seeking declaration that a registered Sale Deed dated 16.03.2022 executed by defendant Nos. 1 to 4 in favour of defendant Nos. 5 to 11 be declared null and void and not binding upon h…
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…
Ujagar Singh (Dead) Thr. Lrs. & Anr. vs Punjab State & Ors.
SC · 9 July 2024
[2024] 7 S.C.R. 611 : 2024 INSC 497
Whether the High Court fell in error in dismissing the suit primarily on the ground that the Civil Court’s jurisdiction was barred by s.21 of the Punjab Land Reforms Act, 1972 when the issue of jurisdiction was not press…
R. Radhakrishna Prasad vs Swaminathan & Anr.
SC · 8 July 2024
[2024] 7 S.C.R. 22 : 2024 INSC 463
Appellant-plaintiff filed suit for specific performance of the agreement of sale and in the alternative prayed for refund of the advance sale consideration of Rs.18,00,000/- (initial advance sale consideration of Rs. 3,0…
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…
Chander Bhan (D) Through LR Sher Singh vs Mukhtiar Singh & Ors. Civil Appeal No. 2991 of 2024 03 May 2024 [Sudhanshu Dhulia* and Prasanna B. Varale, JJ.] Issue
SC · 3 May 2024
[2024] 5 S.C.R. 1148 : 2024 INSC 377
(1) Whether respondent-purchasers were unaware of lis-pendens and could claim to be bona-fide purchasers and be entitled to protection u/s.41 of the Transfer of Property Act, 1882; (2) Whether the principle of lis-penden…
Rehan Ahmed (D) Thr. Lrs. vs Akhtar Un Nisa (D) Thr. Lrs.
SC · 22 April 2024
[2024] 4 S.C.R. 694 : 2024 INSC 329
Matter pertains to the correctness of the order passed by the High Court allowing the objections u/s. 47 CPC filed by the respondent no. 1, setting aside the order passed by the Executing Court and holding that the decre…
M/S. Harmony Lifestyle Structures Private Limited vs Shri. Hiren Venilal Sevak Partner Of M/S. Build-Well Developers
Bombay HC · 16 April 2024
These Second Appeals arise from a challenge to the Judgment and Decree dated 15 January 2022 passed by the District Judge-2, Thane in Regular Civil Appeal No. 188 of 2012, which allowed the first appeal and set aside the…
Devoo Ambo Patil (Sinc Decd.Thr.Lrs) vs Shri. Hiren Venilal Sevak, Partner Of M/s. Build-Well Developers
Bombay HC · 16 April 2024
These Second Appeals arose from a challenge to the judgment and decree dated 15 January 2022 of the District Judge-2, Thane in Regular Civil Appeal No.188 of 2012, wherein the first Appellate Court reversed the Trial Cou…
M/S Raj Land Corporation & 4 other(s) vs Ichchhapore Industrial Co Op Service Society Ltd., & 6 other(s)
Gujarat HC · 14 February 2024
The appellants (original plaintiffs) challenged the judgment and decree dated 22.02.2011 passed by the 6th Additional Senior Civil Judge, Surat in Special Civil Suit No. 285 of 2001, whereby their suit for specific perfo…
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…
Smt. S. Prasanna vs Miss Shany Jalal
Karnataka HC · 22 January 2024
These two Regular First Appeals arose out of a common judgment and decree dated 30.06.2015 passed by the XI Additional City Civil Judge, Bengaluru City, in O.S. No. 594/2005, wherein the suit instituted by the plaintiff…
Mr. M. Mohammed Amjad vs Ms. Shany Jalal
Karnataka HC · 22 January 2024
These two Regular First Appeals arose out of a common judgment and decree dated 30.06.2015 passed by the XI Additional City Civil Judge, Bengaluru City in O.S. No. 594/2005, which decreed a suit for specific performance…
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…
Case Details M/s. Greater Ashoka and Land Development Company vs Kanti Prasad Jain (D) through Lrs.
SC · 6 December 2023
[2023] 16 S.C.R. 933 : 2023 INSC 1055
Whether in a matter pertaining to specific performance of the contract for allotment of plot, the refund of earnest money after a period of sixty years was reasonable. Specific performance – Contract for allotment of plo…

All topics · Judgments by Act · Judgments by judge