Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2010

Supreme Court of India · 2010-03-30

SHAMIM JAHAN vs SHAMBHU PRASAD

Citation / case number
SC 2008/21762
Court
Supreme Court of India
Petitioner
SHAMIM JAHAN
Respondent
SHAMBHU PRASAD
Author
MUKUNDAKAM SHARMA,CHANDRAMAULI KR. PRASAD, , ,
Bench
MUKUNDAKAM SHARMA,CHANDRAMAULI KR. PRASAD, , ,

Judgment text excerpt

The Supreme Court examined the High Court's reversal of the trial Court's decree for specific performance under the Specific Relief Act, 1963, particularly Section 16, which mandates readiness and willingness to perform the contract. The Court held that the High Court erred in interfering with the findings of fact established by the lower courts, emphasizing that time was not of the essence in the agreement. Consequently, the Supreme Court restored the trial Court's decree, affirming the plaintiff's entitlement to specific performance of the agreement to sell the land.

SHAMIM JAHAN vs SHAMBHU PRASAD · Niyam