LALA DURGA PRASAD AND ANOTHER v. LALA DEEP CHAND AND OTHERS.
Citation: [1954] 1 S.C.R. 360; 1953 INSC 74
Court: Supreme Court of India
Bench: BIJAN KUMAR MUKHERJEA , VIVIAN BOSE, NATWARLAL HARILAL BHAGWATI
Judgment date:
Case summary
1953 INSC 74. Supreme Court of India judgment dated 1953-11-18. LALA DURGA PRASAD AND ANOTHER v. LALA DEEP CHAND AND OTHERS. Read the judgment and case...
Judgment text
360 SUPREME COURT REPORTS [1954] LALA DURGA PRASAD AND ANOTHER v. LALA DEEP CHAND AND OTHERS. [B. " K. MUKHEBJEA, VIVIAN BOSE and BHAGWATI JJ. ] Specific performance-Agreement for sale of land-Suit hy pu,rchaser against vendor anrl . «. itbsequent transfp,ree for speci fie performance-Forni of decree-Ref1tnd of rnone11 paid by snbsequent transferee-Oontract-DisputP.. arising s11,bsequently as to Jorni of 'lvarranty-Whether repudiation. A dispute arising, Rubseqnent to a contract for sale or land, about the particular form in which the warranty of title should be inserted in the sale deed cannot affect the completeness of the contract already made, nor can it amount to a repudiation of the contract when the party who wanted a particular form to be adopted does not persist in it and expresses his readiness and willingness to perform the contract agreed to.
Even if a party insists on a particular form that would not affect the contract, though it may in certain circumstances disentitle hin1 to specific performance, Binde8hri Prasad v. Mahant . Tairam Gir (I. L. R. 9 All. 705) referred to. In a suit instituted by a purchaser against the vendor and a subsequent purchaser for specific performance of the contract of sale, if the plaintiff succeeds, the proper form of the decree to be passed is to direct specific performance of the contract between the vendor and the plaintiff and
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