Supreme Court · 2008 INSC 95 · Decided 24 January 2008
Balasaheb Dayandeo Naik (Dead) Through LRS & ORS. v. Appasaheb Dattatraya Pawar
- Court
- Supreme Court of India
- Citation
- 2008 INSC 95 · [2008] 1 S.C.R. 1169
- Case number
- CIVIL APPEAL No. 647/2008
- Decided
- 24 January 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act
Headnote
1 S.C.R. 1169 BALASAHEB DAYANDEO NAIK (DEAD) THROUGH LRS & ORS. v. APPASAHEB DATTATRAYA PAWAR (Civil Appeal No. 647 of 2008) JANUARY 24, 2008 [DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ] Specific Relief Act, 1963 -Agreement to sell land - Non- e execution of - Suit for specific performance - be . forfeited upon failure to execute agreement within stipulated D period makes it clear that parties never intended time to be essence of contract - More so, seller did not prove his plea - Thus, decree granted by trial court upheld - Buyer directed to deposit balance consideration amount
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