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february 2006

Supreme Court of India · 2006-02-02

R.K. Parvatharaj Gupta vs K.C. Jayadeva Reddy

Citation / case number
AIRONLINE 2006 SC 226
Court
Supreme Court of India
Petitioner
R.K. Parvatharaj Gupta
Respondent
K.C. Jayadeva Reddy
Author
S.B. Sinha
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that the agreement for sale dated 13.10.1982, which involved a sum of Rs.65,000 and earnest money of Rs.16,500, was enforceable despite the appellant's claim of non-performance by the respondent. The Court emphasized that the appellant's obligation to inform the respondent about the status of a pending appeal was crucial, and the failure to do so affected the limitation period for the suit. The Court upheld the High Court's decision to decree specific performance, ruling that the suit was not barred by limitation under the Limitation Act, 1963, Section 3.

R.K. Parvatharaj Gupta vs K.C. Jayadeva Reddy · Niyam