Supreme Court of India · 2024-01-10
Alagammal (Dead) Thr. Lrs vs Ganesan And Anr
- Court
- Supreme Court of India
- Petitioner
- Alagammal (Dead) Thr. Lrs
- 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 the Agreement of Sale 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 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 could not rely on the alleged forgery to escape their contractual obligations.