Supreme Court of India · 2010-10-05
MAN KAUR(DEAD)BY LRS. vs HARTAR SINGH SANGHA
- Citation / case number
- SC 2000/5606
- Court
- Supreme Court of India
- Petitioner
- MAN KAUR(DEAD)BY LRS.
- Respondent
- HARTAR SINGH SANGHA
- Author
- R.V. RAVEENDRAN,AFTAB ALAM, , ,
- Bench
- R.V. RAVEENDRAN,AFTAB ALAM, , ,
Judgment text excerpt
The Supreme Court addressed a suit for specific performance of a sale agreement under the Specific Relief Act, 1963, emphasizing that time is not always of the essence unless expressly stated. The Court held that the plaintiff's continuous readiness and willingness to perform the contract, despite the defendant's failure to execute the sale deed, justified the decree for specific performance. The Court also clarified the obligations of the vendor regarding the delivery of necessary documents, including the NOC under the Urban Land (Ceiling and Regulation) Act, 1976, and the Clearance Certificate under Section 230A of the Income Tax Act, 1961.