Supreme Court · 2009 INSC 1204 · Decided 28 October 2009
A. K. Lakshmipathy (Dead) & ORS. v. Rai Saheb Pannalal H. Lahoti Charitable Trust & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1204 · [2009] 15 S.C.R. 475
- Case number
- CIVIL APPEAL No. 7208/2009
- Decided
- 28 October 2009
- Bench
- TARUN CHATTERJEE, AFTAB ALAM (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 55
Headnote
COURT REPORTS [2009] 15 (ADDL.) S.C.R. A collect the earnest amount. Appellant filed suit for specific performance of the contract for sale by respondents. Trial Court held that appellant by insisting upon the respondents to perform additional condition were not ready and willing to perform their the decree and held that the time was the essence of the contract. Hence the present appeal. c D Partly allowing the appeal, the Court HELD: 1. The judgment of the High Court so far as the suit for specific performance of the contract for sale is concerned is upheld. [Para 19] [494-A-B] 2.1. From
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