Supreme Court of India · 1961-01-25
INTERNATIONAL CONTRACTORS LTD. vs PRASANTA KUMAR SUR.
- Citation / case number
- SC 1956/142
- Court
- Supreme Court of India
- Petitioner
- INTERNATIONAL CONTRACTORS LTD.
- Respondent
- PRASANTA KUMAR SUR.
- Bench
- KAPUR, J.L.
Judgment text excerpt
The Supreme Court held that in cases of total repudiation of a contract, a formal tender of the purchase money is unnecessary for the aggrieved party to seek specific performance. The court affirmed the High Court's decision that the respondent was entitled to a decree for specific performance despite not tendering the purchase price, as the appellant had repudiated the agreement for reconveyance. The ruling followed precedents including Hunter v. Daniel (1845) and Chalikani v. Zamindar of Tuni (1922), while distinguishing Ismail Bhai Rahim v. Adam Osman (1938).