Supreme Court · 2022 INSC 75 · Decided 20 January 2022
Shenbagam & ORS. v. KK Rathinavel
- Court
- Supreme Court of India
- Citation
- 2022 INSC 75 · [2022] 1 S.C.R. 346
- Case number
- CIVIL APPEAL No. 150/2022
- Decided
- 20 January 2022
- Bench
- D.Y. CHANDRACHUD, A.S. BOPANNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 16, 20
Headnote
Specific Relief Act: s.16 - Bars to the relief of specific performance - Held: s.16 provides certain bars to the relief of specific performance - These include, inter alia, a person who fails to aver and prove that he has performed or has always to perform the essential terms of the contract which are to be performed by him, other than terms the performance of which has been prevented and waived by the defendant. Specific performance: Conduct of the parties - Generally in an agreement for sale of immovable property, time is
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