Supreme Court of India · 2008-01-24
BALASAHEB DAYANDEO NAIK vs APPASAHEB DATTATRAYA PAWAR
- Citation / case number
- SC 2005/9175
- Court
- Supreme Court of India
- Petitioner
- BALASAHEB DAYANDEO NAIK
- Respondent
- APPASAHEB DATTATRAYA PAWAR
- Author
- P. SATHASIVAM ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court reversed the Bombay High Court's decision that set aside the trial court's decree for specific performance of a contract under Section 10 of the Specific Relief Act, 1963. The Court held that the plaintiffs had demonstrated readiness and willingness to perform their part of the contract, and the defendant's claim that time was of the essence was not substantiated. The Court reinstated the trial court's decree for specific performance, emphasizing the importance of upholding contractual obligations.