Supreme Court of India
Shenbagam & Ors. v. Kk Rathinavel
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the above reasons, we allow the appeal and set aside the judgment dated 7 January 2019 of the High Court of Judicatu re at Madras.
Judgment, page 27
From the headnote
Specific Relief Act: s.16 – Bars to the relief of s pecific performance – Held: s.16 provides certain bars to t he relief of specific performance – These include, inter alia, a pers on who fails to aver and prove that he has performed or has always been ‘ready and willing’ 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 – General ly in an agreement for sale of immovable property, time i s not of the essence – In deciding
Authorities it was built on
- 1997 K.S. Vidyanadam and Ors. v. Vairavan
- 2012 Satya Jain (d) Thr. Lrs. & Ors. v. Anis Ahmed Rushdie (d) Tr.lrs. & Ors.
- 2002 Nirmala Anand v. Advent Corporation (p) Ltd. and Ors.
- 1996 His Holiness Acharya Swami Ganesh Dassji v. Sh. Sita Ram Thapar
- 2010 M/s J.P. Builders & Anr. v. A. Ramadas Rao & Anr.
- 2014 Zarina Siddiqui v. A. Ramalingamalias R.amarnathan
- 2018 P. Meenakshisundaram v. P. Vijayakumar & Anr.
Where later benches applied it
Of those, 1 mentioned
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