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october 1970

Supreme Court of India · 1970-10-12

R. C. CHANDIOK & ANR. vs CHUNI LAL SABHARWAL & ORS.

Citation / case number
SC 1966/60489
Court
Supreme Court of India
Petitioner
R. C. CHANDIOK & ANR.
Respondent
CHUNI LAL SABHARWAL & ORS.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that in a suit for specific performance, the vendor cannot claim that the vendee has not performed their part of the agreement when the vendor's title was not perfected and necessary government sanction was not obtained. The Court ruled that the trial court erred in holding that time was made the essence of the contract by the vendor's letters, and that the appellants were ready and willing to perform their part once the sanction was granted. The Court reversed the High Court's decision, allowing the appeal for specific performance of the contract.

R. C. CHANDIOK & ANR. vs CHUNI LAL SABHARWAL & ORS. · Niyam