Supreme Court of India · 2019-09-11
Surinder Kaur (D) Tr.Lr. vs Bahadur Singh(D) Tr.Lrs.
- Citation / case number
- AIR 2019 SUPREME COURT 4194
- Court
- Supreme Court of India
- Petitioner
- Surinder Kaur (D) Tr.Lr.
- Respondent
- Bahadur Singh(D) Tr.Lrs.
- Author
- Deepak Gupta
- Bench
- Aniruddha Bose, Deepak Gupta
Judgment text excerpt
The Supreme Court held that under Section 51 of the Indian Contract Act, 1872, a vendee who fails to perform a reciprocal promise, such as paying rent, is not entitled to seek specific performance of the contract. The Court affirmed the lower courts' decisions that Bahadur Singh's failure to pay rent as per Clause 3 of the agreement precluded him from obtaining a decree for specific performance of the sale agreement dated 13.05.1964. The appeal was dismissed, upholding the principle that a party must be ready and willing to perform their part of the contract to seek enforcement.