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.