Supreme Court · 2009 INSC 1013 · Decided 4 August 2009
Narinder Kumar Malik v. Surinder Kumar Malik
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1013 · [2009] 12 S.C.R. 479
- Case number
- CIVIL APPEAL No. 5087/2009
- Decided
- 4 August 2009
- Bench
- S.B. SINHA, DEEPAK VERMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Contract - Partition suit -:- Settlement between parties - Execution of MOU - Plaintiff agreeing to sell his share to A B defendant - Date specified for payment of consideration C amount - Date was extendable on the consent of both the parties - Failure to pay consideration amount within he was ready and willing to perform his part of contract - Enforceability of MOU - Held: Since Defendant defaulted the terms and conditions of MOU, D j,_ it cannot be given effect to - Defendant's conduct does not show that he was ready and willing to perform his part of contract - Mere showing
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