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Specific Performance Decree Does Not Die Automatically: SC Revives Execution Despite Delay in Deposit

Case Law Details

Case Name
Anand Narayan Shukla Vs Jagat Dhari (Supreme Court of India)
Date of Judgement/Order
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Anand Narayan Shukla Vs Jagat Dhari (Supreme Court of India) In a significant ruling on Specific Relief Act, 1963, the Supreme Court held that a decree for specific performance does not automatically become unenforceable merely because the purchaser failed to deposit the balance sale consideration within the time stipulated in the decree. The case involved a decree-holder who had obtained a decree for specific performance of a land sale agreement. Although the decree required payment of the balance consideration within one month, the amount was actually deposited much later during execution pr...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,819

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