Supreme Court of India · 1977-01-17
RANCHHODDAS CHHAGANLAL vs DEVAJI SUPADU DORIK AND ORS.
- Citation / case number
- SC 1972/60253
- Court
- Supreme Court of India
- Petitioner
- RANCHHODDAS CHHAGANLAL
- Respondent
- DEVAJI SUPADU DORIK AND ORS.
- Author
- A.N. () RAY
- Bench
- A.N. (CJ) RAY
Judgment text excerpt
The Supreme Court held that the respondent was not ready and willing to perform the agreement under Section 53A of the Transfer of Property Act, as there was no part performance by the respondent. The Court clarified that the doctrine of part performance serves as a defense and requires a positive act of readiness and willingness. The High Court's finding that the agreed price was Rs. 17,000 was upheld, and the respondent's challenge to this finding was dismissed due to the absence of a cross-objection. The appeal was allowed, reversing the High Court's decree for possession.