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september 2019

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.

Surinder Kaur (D) Tr.Lr. vs Bahadur Singh(D) Tr.Lrs. · Niyam