के.बी. साहा एंड सन्स बनाम डेवलपमेंट कंसल्टेंट
| Citation | (2008) 8 SCC 564 |
| Court | Supreme Court of India |
| Date | 27 May 2008 |
| Year | 2008 |
| Bench | S.B. Sinha, V.S. Sirpurkar JJ. |
| Acts/Articles | Specific Relief Act 1963 Sections 16, 20, Transfer of Property Act |
| Category | Property & Land Law |
Key Principle Established
Specific performance of contract for sale of immovable property is a discretionary remedy. The court considers conduct of parties, readiness and willingness to perform, and whether damages would be adequate.
A party sought specific performance of an agreement to sell immovable property after the seller refused to execute the sale deed.
The Court reiterated that specific performance is a discretionary remedy:
This judgment is a comprehensive guide to specific performance in property contracts and is frequently cited in suits for enforcement of agreements to sell.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.