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 seller refused to complete a property sale agreed in 1978. The buyer sued for specific performance, but the lower courts rejected the claim, holding that the agreement's omission of the word 'specific performance'—though present in the authorization letter—meant the remedy was barred. The Supreme Court reversed this, holding that mere omission of such language does not prevent specific performance. Section 23 of the Specific Relief Act protects the right to specific performance unless the contract explicitly gives the defaulting party an option to pay damages instead. The Court found the earlier authority relied upon (Dadarao) was decided per incuriam and distinguished it. Specific performance was ordered, with the buyer to pay Rs. 10 crores by settlement.

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

Specific Performance Contract Law Real Property The Specific Relief Act, 1963 Liquidated Damages Civil Procedure

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