In Brief
In this civil appeal, the appellants challenged a decree for specific performance of an agreement to sell property, arguing that Section 20(2)(c) of the Specific Relief Act, 1963, precluded the grant of such relief. The Supreme Court held that Section 20(2)(c) applies only where a contract was entered into under circumstances rendering it voidable and making equity adverse to specific performance. Since the agreement to sell was found to be genuine and not a sham transaction, the appellants could not invoke this protection. The Court dismissed the appeal, affirming that specific performance was properly decreed.
The lawyer headnote and full judgment text are available to registered users.