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SUPREME COURT OF INDIA

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PETITIONER:

ROJASARA RAMJIBHAI DAHYABHAI

Vs.

RESPONDENT:

JANI NAROTTAMDAS LALLUBHAI (DEAD)BY LRS. & ANR.

DATE OF JUDGMENT10/04/1986

BENCH:

SEN, A.P. (J)

BENCH:

SEN, A.P. (J)

RAY, B.C. (J)

CITATION:

1986 AIR 1912 1986 SCR (2) 447

1986 SCC (3) 300 1986 SCALE (1)566

ACT:

A. Suit for specific performance - Agreement to sell

contains an implied covenant on the part of the vendor to do

all things necessary to give effect to the Agreement,

including the obtaining of the permission for the transfer

of property - Vendor who has become the statutory occupant

and owner of the land and who has obtained necessary

permission subsequently as such occupant refuses to execute

the sale-deed on the plea that the agreement to sell entered

into by him was interdependent on his earlier Agreement to

purchase the lands from the Girasdar and contingent on his

obtaining the permission and since he failed, the Agreement

to sell is incapable of performance - Contract Act, 1872,

sections 31 & 32 - Whether the Court can order specific

performance of transfer - Specific Relief Act, 1