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january 2008

Supreme Court of India · 2008-01-24

Balasaheb Dayandeo Naik (Dead)Through ... vs Appasaheb Dattatraya Pawar

Citation / case number
AIR 2008 SUPREME COURT 1205
Court
Supreme Court of India
Petitioner
Balasaheb Dayandeo Naik (Dead)Through ...
Respondent
Appasaheb Dattatraya Pawar
Author
P. Sathasivam
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the plaintiffs' suit for specific performance under the Specific Relief Act, 1963, as the trial court had correctly found that the defendant failed to prove that time was the essence of the contract. The Court emphasized that the plaintiffs were always ready and willing to perform their part of the agreement, and the defendant's refusal to execute the sale deed constituted a breach of contract. The Supreme Court restored the trial court's decree for specific performance, thereby allowing the appeal.

Balasaheb Dayandeo Naik (Dead)Through ... vs Appasaheb Dattatraya Pawar · Niyam