Supreme Court of India · 2024-11-21
R. Kandasamy(Since Dead) vs T.R.K.Sarawathy
- Citation / case number
- 2024 INSC 884
- Court
- Supreme Court of India
- Petitioner
- R. Kandasamy(Since Dead)
- Respondent
- T.R.K.Sarawathy
- Author
- Dipankar Datta
- Bench
- Sanjay Karol, Dipankar Datta
Judgment text excerpt
The Supreme Court upheld the High Court's decision granting specific performance of the agreement for sale under Section 20 of the Specific Relief Act, 1963, emphasizing that time is not of the essence in contracts where the seller has not fulfilled their obligations, such as vacating tenants. The Court found that the buyer had made substantial payments and the sellers' cancellation of the agreement was unjustified. Consequently, the appeal by the sellers was dismissed, affirming the buyer's right to specific performance of the contract.