Shri Ganpati Jurists Legal Learning
📜 Supreme Court on Specific Performance & Agreement Cancellation
The Supreme Court has ruled that a suit for specific performance of an agreement to sell, filed after the agreement has been cancelled, is not maintainable unless it also includes a prayer for declaratory relief under Section 34 of the Specific Relief Act, 1963.
✅ Key Takeaway:
To enforce a cancelled agreement, the plaintiff must first seek a declaration that the cancellation is legally invalid. Without this, the court cannot entertain a claim for specific performance.
📖 Legal Insight:
A valid and subsisting contract is the foundation of a specific performance suit. If the agreement is terminated, the plaintiff must challenge that termination as unlawful before seeking its enforcement.
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