Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Saturday, 07 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-10-27 allowed

Kamal Kant Jain vs Surinder Singh (D) Thr. Lrs

Bench: 2 — R.F. Nariman

In Brief

A purchaser sought specific performance of an agreement to sell dated 1978. The High Court had dismissed the suit, following Dadarao v. Ramrao, holding that the omission of the words "or to have sale deed registered under specific performance" from the agreement (though present in the authorization letter) barred specific performance. The Supreme Court allowed the appeal, holding that Dadarao was rendered per incuriam as it failed to consider Section 23 of the Specific Relief Act, 1963. The Court held that an unchanged earnest money amount with equal penalty in both documents indicated the sum was only to secure performance, not to give an option to pay instead. Specific performance was ordered, with the appellant paying Rs. 10 crores in settlement.

The lawyer headnote and full judgment text are available to registered users.

Specific Performance Contract Law Property Law Specific Relief Act Constitutional Law

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login