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2003 Supreme(Online)(SC) 1

SUPREME COURT OF INDIA
Shivaraj V. Patil, B. N. Agrawal, JJ.
Pawan Kumar Dutt and Another – Appellant
Versus
Shakuntala Devi – Respondent


Table of Content
1. identifiable property is necessary for specific performance. (Para 1 , 5)
2. vague agreements are unenforceable under contract law. (Para 2 , 3 , 4 , 6)
3. relief cannot be granted without clarity of property. (Para 7 , 8)
4. final decision reflects rejection of the appeal. (Para 9)

Order

1. The plaintiffs are in appeal before us. They filed a suit for specific performance of an agreement in respect of a land measuring 4 bighas 2 biswas out of Khasra No. 608. The trial court, in the light of the pleadings of the parties, raised several issues. Issue 7(A) dealt with as to whether the agreement, on which the suit for specific performance was based, was vague, as is mentioned in Para 20 of the amended written statement. The trial court held that the suit for specific performance could not be decreed for want of certainty as to the description of the suit property. In that view, the suit was dis- missed, although the finding on another issues recorded were in favour of the plaintiffs. The first ap- peal filed by the plaintiffs was also dismissed affirming the findings of fact recorded by the trial court on Issue 7(A). The matter did not rest at that. The plaintiffs filed

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