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.