Supreme Court of India

Smt. Bjsmillah Begum (dead) by Lrs v. Rahmatullah Khan (dead) by Lrs

Neutral citation
Reported as [1998] 1 S.C.R. 284
Bench M. Jagannadha Rao J.
Decided 21 January 1998

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the abovesaid G decision of this Court relating to contract of reconveyance, and inasmuch as the amount was not paid within the stipulated time, the said option in favour of the plaintiff must be deemed to have "lapsed".

Judgment, page 4

From the headnote

Specific Relief Act, 1963-Sec, 16( )-Execution of sale deed­ Agreement of reconveyance-Jf consideration amount repaid with three years, plaintiff entitled to get back property-Suit for reconveyance-Dismissed on the ground that plaintiff failed to repay within the stipulated period-On appeal-Held, Time is essence of contract relating to reconveyance of immovable property-Amount not paid within the stipulated period-Option of reconveyance lapsed The appellants were legal representatives of the deceased plaintiff, who had executed a sale deed in favour of deceased defendant for certain J..

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 referred to

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