SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1998 Supreme(P&H) 874

SWATANTER KUMAR
Rattan Lal – Appellant
Versus
Bharpal – Respondent


Judgment

Swatanter Kumar, J.

1. The only argument vehemently advanced by the learned counsel for the appellant, in this Regular Second Appeal, is that the plaintiffs had made an alternative prayer in the suit for grant of liquidated damages/compensation for a sum of Rs. 26,000/- and thus, the learned courts below ought not to have granted the decree for specific performance. In support of his contention, he placed reliance on the judgment of Honble Supreme Court in the case of S. Rangaraju Naidhu v. S. Thiruvarakkarsau, A.I.R. 1995 S.C. 1769.

2. In order to appreciate this contention, it is necessary to refer certain facts of this case.

3. A suit for specific performance of the agreement dated 7.11.1985 executed by the defendants in regard to the suit land was filed by the plaintiffs against the defendant, Rattan Lal. It was stated that the defendant had agreed to sell the land for the total sale consideration of Rs. 47,000/-. Out of which Rs. 13,000/- was paid to the defendant at the time of agreement and the balance was to be paid upon execution of the sale deed which was to be executed on 1.6.1986. The agreement also contains a clause that in the event of default on the part of t


















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top