GURMUKH SINGH versus AMAR SINGH

GURMUKH SINGH versus AMAR SINGH

The agreement was a lawful arrangement between the parties to jointly purchase property at a public auction and did not possess an object opposed to public policy under Section 23 of the Contract Act, as there was no intention to peg down the price or defraud the Government; consequently, specific performance is enforceable.

Parties
Appellant: Gurmukh Singh; Respondent: Amar Singh
Jurisdiction
India
Judgment Date
15 March 1991
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave
Outcome
appeal dismissed
Legal Topics
Specific Performance, Public Policy, Illegality of Contract, Evacuee Property
Contract Law Specific Performance Public Policy Illegality of Contract Evacuee Property

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Parties

Gurmukh Singh

Appellant

Amar Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether an agreement between bidders to purchase property at a public auction and subsequently convey half the property is opposed to public policy and void under Section 23 of the Indian Contract Act, 1872
  2. 2 Whether specific performance of such an agreement can be enforced

Ratio Decidendi

The agreement was a lawful arrangement between the parties to jointly purchase property at a public auction and did not possess an object opposed to public policy under Section 23 of the Contract Act, as there was no intention to peg down the price or defraud the Government; consequently, specific performance is enforceable.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed without costs.