Mrs. Chandnee Widya Vati Madden vs Dr. C. L. Katiai, & Others on 25 March, 1963
In Mrs. Chandnee Widya Vati Madden v. Dr. C.L. Katial & Ors. the Supreme Court confirmed the decision of the Punjab High Court holding that if the Chief Commissioner ultimately refused to grant the sanction to the sale the plaintiff may not be able to enforce the decree for specific performance of the contract but that was no bar to the court passing a decree for that relief. The same is the position in the present case. If after grant of the decree of specific performance of the contract the Land and Development Office refuses to grant permission for sale the decree-holder may not be in a position to enforce the decree but it cannot be held that such a permission is a condition precedent for passing a decree for specific performance of the contract.