Supreme Court of India · 2015-04-07
PADMAKUMARI vs DASAYYAN .
- Citation / case number
- SC 2008/1492
- Court
- Supreme Court of India
- Petitioner
- PADMAKUMARI
- Respondent
- DASAYYAN .
- Author
- V. GOPALA GOWDA
- Bench
- C. NAGAPPAN V. GOPALA GOWDA
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the trial court's decree for specific performance under Section 16(c) of the Specific Relief Act, ruling that the plaintiff's failure to pay the remaining sale consideration within the stipulated time constituted a breach of contract. The Court emphasized that time is of the essence in contracts and that the plaintiff did not demonstrate readiness and willingness to perform his part of the agreement. Consequently, the appeal by the defendants was dismissed, affirming the lower courts' findings.