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october 2004

Supreme Court of India · 2004-10-07

Sargunam (Dead) By Lr vs Chidambaram & Another

Citation / case number
AIR 2005 SUPREME COURT 1420
Court
Supreme Court of India
Petitioner
Sargunam (Dead) By Lr
Respondent
Chidambaram & Another
Bench
Ashok Bhan, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that in a suit for specific performance, the plaintiff must demonstrate readiness and willingness to perform their part of the contract as per Section 16(c) of the Specific Relief Act, 1963. The Court found that the plaintiff failed to complete the sale within the stipulated time, thereby breaching the contract, and upheld the trial court's decision that the defendant was justified in selling the property to a third party. Consequently, the appeal was dismissed, affirming the High Court's decree in favor of the respondent.

Sargunam (Dead) By Lr vs Chidambaram & Another · Niyam