Supreme Court · 2004 INSC 476 · Decided 25 August 2004
SMT. Swarnam Ramachandran and ANR. v. Aravacode Chakungal Jayapalan
- Court
- Supreme Court of India
- Citation
- 2004 INSC 476 · [2004] SUPP. 3 S.C.R. 806
- Case number
- CIVIL APPEAL No. 4527/2000
- Decided
- 25 August 2004
- Bench
- ASHOK BHAN, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Contract Act; Specific Relief Act
Headnote
RAMACHANDRAN AND ANR. v. ARAVACODECHAKUNGALJAYAPALAN AUGUST 25, 2004 B (ASHOK BHAN AND S.H. KAPADIA, JJ.j Indian Contract Act, 1872/Specific Relief Act, 1963 : Agreement for sale of land-Payment of consideration amount in C instalments withinfv:ed period of time-Delay in payment of an time was essence of the contract lies on the party alleging it in order to provide an opportunity D to other side to adduce rebuttal evidence to the contrary-Real intention of the party has to be examined by the Courts-Vendor has no right to make time of the essence unless he is ready and
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