Supreme Court of India Judgements

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Category: Specific Performance

Limitation Specific Performance

Limitation Act, 1963 – Article 54 and Section 9 – Suit for specific performance – Limitation – Article 54 of Part II of the Schedule to the Limitation Act, 19637 stipulates the limitation period for filing a suit for specific performance as three years from the date fixed for performance, and in alternative when no date is fixed, three years from the date when the plaintiff has notice that performance has been refused – when no time is fixed for performance, the court will have to determine the date on which the plaintiff had notice of refusal on part of the defendant to perform the contract.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A. VALLIAMMAI — Appellant Vs. K.P. MURALI AND OTHERS — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Civil Appeal…

Specific Performance

Suit for specific performance – Agreement to sell – where the sum named is an amount the payment of which may be substituted for the performance of the act at the election of the person by whom the money is to be paid or the act done, the Court may refuse to pass the decree for specific performance. In the present case, the condition specifically stipulates that in case of failure on the part of the seller to execute the sale deed within the stipulated time the buyer shall be entitled to double the amount given as an advance.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH T.D. VIVEK KUMAR AND ANOTHER — Appellant Vs. RANBIR CHAUDHARY — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal…

Specific Performance Specific Relief Act

HELD when specific performance of the terms of the contract has not been done, the question of time being the essence of contract does not arise – time would not be of essence in a contract wherein the obligations of one party are dependent on the fulfillment of obligations of another party.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GADDIPATI DIVIJA AND ANOTHER — Appellant Vs. PATHURI SAMRAJYAM AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Civil…

Specific Performance

The facts of this case would amply demonstrate that the petitioner/plaintiff was not ready nor capacity to perform his part of the contract as he had no financial capacity to pay the consideration in cash as contracted and intended to bite for the time which disentitles him as time is the essence of the contract.” Thus, both readiness as well as willingness have to be established by the plaintiff on whom the burden is cast in a suit for specific performance of an agreement.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH C. HARIDASAN — Appellant Vs. ANAPPATH PARAKKATTU VASUDEVA KURUP AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Specific Performance

Held plaintiff filed the suit for specific performance in which it was specifically averred that he was ready and willing to perform the agreement dated 13.03.2007. In his deposition, the plaintiff specifically stated that he was ready and willing to perform his obligations under the agreement. He further stated that he approached the defendant in the month of June, 2007 and again in July, 2007 with the balance sale consideration. Order of trial court restored

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BASAVARAJ — Appellant Vs. PADMAVATHI AND ANOTHERR — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal Nos. 8962-8963…

Specific Performance

Refund of any earnest money – The litmus test appears to be that unless a plaintiff specifically seeks the refund of the earnest money at the time of filing of the suit or by way of amendment, no such relief can be granted to him – Prayer clause is a sine qua non for grant of decree of refund of earnest money. HELD nature of ‘earnest money’, the onus to prove that the same was ‘penal’ in nature squarely lies on the party seeking refund of the same –

Dec 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DESH RAJ AND OTHERS — Appellant Vs. ROHTASH SINGH — Respondent ( Before : Surya Kant and Bela M. Trivedi, JJ. ) Civil Appeal…

C P C Specific Performance

Suit for specific performance – There was no specific issue framed by the learned Trial Court on readiness and willingness on the part of the plaintiff – There must be a specific issue framed on readiness and willingness on the part of the plaintiff in a suit for specific performance and before giving any specific finding, the parties must be put to notice. Remanded

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH V.S. RAMAKRISHNAN — Appellant Vs. P.M. MUHAMMED ALI — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal Nos. 8050-8051…

Specific Performance

Suit for specific performance of agreement to sell – Limitation had started running from the date the respondent noticed that the performance was refused by the appellant and not from the date of the execution of agreement in question – the compliance of “readiness and willingness” has to be in spirit and substance and not in letter and form, while making averments in the plaint. As per the Explanation (i) to Section 16(c), Specific Relief Act, 1963 – he need not tender to the defendant or deposit the amount in the court, but he must aver performance of, or readiness and willingness to perform the contract according to its true construction.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. DAIVASIGAMANI — Appellant Vs. S. S AMBANDAN — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Civil Appeal No.…

Specific Performance

Decree for specific performance – Agreement of sale provided that in the event the permission was not obtained within 75 days – permission not granted agreement cancelled by defendant rightly – on equity Rs 15000 paid in 1978 by plaintiff ordered defendant to pay Rs 15,00,000 to plaintiff-

Oct 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KOLLI SATYANARAYANA (DEAD) BY LRS. — Appellant Vs. VALURIPALLI KESAVA RAO CHOWDARY (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : B.R. Gavai…

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