Supreme Court of India · 2006-02-02
R.K.PARVATHARAJ GUPTA vs K.C. JAYADEVA REDDY
- Citation / case number
- SC 2005/13633
- Court
- Supreme Court of India
- Petitioner
- R.K.PARVATHARAJ GUPTA
- Respondent
- K.C. JAYADEVA REDDY
- Author
- P.K. BALASUBRAMANYAN S.B. SINHA
- Bench
- P.K. BALASUBRAMANYAN S.B. SINHA
Judgment text excerpt
The Supreme Court held that the suit for specific performance filed by the Respondent was not barred by limitation, as the Appellant failed to fulfill his obligation to inform the Respondent about the status of a pending case, which was a condition precedent for executing the sale deed. The Court emphasized that the Respondent's delay in depositing the mortgage amount was excusable due to the Appellant's non-compliance. The judgment of the High Court allowing the Second Appeal and decreeing the suit was upheld, reinforcing the principle that both parties must adhere to their contractual obligations.