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november 1979

Supreme Court of India · 1979-11-29

K. KALPANA SARASWATHI vs P.S.S. SOMASUNDRAM CHETTIAR

Citation / case number
SC 1977/61635
Court
Supreme Court of India
Petitioner
K. KALPANA SARASWATHI
Respondent
P.S.S. SOMASUNDRAM CHETTIAR
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that in a suit for specific performance, the court has the discretion to extend the time for deposit of the entire consideration amount, as per the principles of equity. The High Court's decree for recession of the contract was set aside, and the appellant was directed to deposit the entire consideration along with interest at 11% within six months. The court emphasized that specific performance is an equitable relief and the appellant's actions were inconsistent with the agreement, as she took an assignment of the mortgage instead of discharging it, which was not in line with the contract's intent.

K. KALPANA SARASWATHI vs P.S.S. SOMASUNDRAM CHETTIAR · Niyam