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january 2024

Supreme Court of India · 2024-01-10

Alagammal And Ors. vs Ganesan And Anr.

Court
Supreme Court of India
Petitioner
Alagammal And Ors.
Respondent
Ganesan And Anr.
Author
Hima Kohli
Bench
Vikram Nath, Hima Kohli

Judgment text excerpt

The Supreme Court upheld the High Court's decision to grant specific performance of a sale agreement under Section 10 of the Specific Relief Act, 1963, despite the appellants' claims of non-payment and forgery. The Court emphasized that time was not the essence of the agreement and that the respondents had demonstrated readiness and willingness to perform their part of the contract. The appeal was dismissed, affirming the lower courts' findings that the appellants were in breach of the agreement.

Alagammal And Ors. vs Ganesan And Anr. · Niyam