Supreme Court · 2022 INSC 1070 · Decided 12 October 2022
P. Daivasigamani v. S. Sambandan
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1070 · [2022] 18 S.C.R. 199
- Case number
- CIVIL APPEAL No. 9006/2011
- Decided
- 12 October 2022
- Bench
- SANJIV KHANNA, BELA M. TRIVEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 54; Specific Relief Act Section 10, 16, 20
Headnote
Specific Relief Act, 1963 - Ss. 10, 16 & 20 - Agreement to sell - default to perform contract - readiness and willingness - delay in filing of suit - Appellant entered into an agreement to sale with the respondent in the year 1989 with a stipulation for correspondences, appellant failed to respond or perform his part of the contract - Respondent filed a suit for specific performance before the trial court - Trial court allowed the suit partly, allowing recovery of earnest money and refusing specific performance in view of the
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