Supreme Court of India · 2001-03-21
Tara Chand Dubey (D.) Through L.Rs. vs Ajit Kumar Mukherjee (D.) Through Lrs.
- Citation / case number
- 2002(4)AWC3044(SC)
- Court
- Supreme Court of India
- Petitioner
- Tara Chand Dubey (D.) Through L.Rs.
- Respondent
- Ajit Kumar Mukherjee (D.) Through Lrs.
- Bench
- V.N. Khare, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court held that the plaintiffs' suit for specific performance of a sale agreement was not barred by limitation, as they had consistently shown readiness and willingness to perform their part of the contract under Section 16(c) of the Specific Relief Act. The Court found that the High Court's conclusion regarding limitation and the plaintiffs' readiness was erroneous, affirming the trial court's decree in favor of the plaintiffs. The judgment of the High Court was set aside, allowing the appeal of the plaintiffs.