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january 1961

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).

INTERNATIONAL CONTRACTORS LTD. vs PRASANTA KUMAR SUR. · Niyam