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

2023 Supreme(All) 1425

JASPREET SINGH
Arjun Prasad – Appellant
Versus
Ganesh Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.N.Saxena, Adnan Ahmad, Arvind Kr. Sinha, K.P.Singh
For the Respondent: G.S.Nigam, Arvind Kumar Jauhari, D.P.Gupta, Madan Gopal Misra, O.P. Tiwari, P.L.Mishra, Shafat Ullah Khan, T.C.Gupta

Table of Content
1. details of the suit and agreement for sale. (Para 1 , 4 , 5)
2. defendants' contest regarding execution of the agreement. (Para 6 , 11)
3. lower appellate court's findings and disagreement with the trial court. (Para 8 , 14 , 15)
4. plaintiffs' obligation to show readiness and willingness. (Para 10 , 12 , 13 , 20)
5. conditions under which specific performance may be granted. (Para 24 , 74)

JUDGMENT :

1. The instant second appeal has been preferred by the defendants-appellants emanating from a suit for specific performance of contract filed by the plaintiffs-respondents, wherein the trial Court by means of the judgment and decree dated 07.04.1992 refused the decree of specific performance which was assailed before the lower Appellate Court and the lower Appellate Court by means of its judgment and decree dated 02.12.1992 has set aside the decree of trial Court and has decreed the suit for specific performance, prompting the defendants-appellants to knock the doors of this Court under Section 100 CPC.

2. The instant second appeal was admitted by the Court on 24.03.1993 on the substantial question of law as formulated in the memo of appeal, Clause A, which reads as unde

                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