Supreme Court · 1997 INSC 128 · Decided 10 February 1997
Bibi Jaibunisha v. Jagdish Pandit and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 128 · [1997] 1 S.C.R. 1116
- Case number
- CIVIL APPEAL No. 921/1997
- Decided
- 10 February 1997
- Bench
- K. RAMASWAMY, G.T. NANAVATI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act
Headnote
Specific JJ.elief Act, 1963 : Specific pelfonnance of reconveyance-Suit for-Defence-Time as es- C sence of Contract-+Villingness of plaintiff to pelf onn his part of con­ tract-Held, there is no express plea in the written statement that time was the essence of the contract-Nor any issue is was not the essence of the contract-Limitation of contract was 20.2.1973 and suit filed D on 7.4.1975. i.e. within the presclibed period of limitation-Therefore, courts below were wrong in holding that plaintiff had not tendered the amount to defendant and that plaintiff was not ready and
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