AIR 1989 SUPREME COURT 606 ::1989 (1) Arbi LR 403 ::1989 (1) SCWR 5 ::1989 (1) Civ LJ 340 ::1989 (1) SCC 76 ::(1988) 4 JT 138 (SC)

Supreme Court Of India

Hon'ble Judge(s): Sabyasachi Mukharji, M. H. Kania, S. Ranganathan , JJJ

Transfer of Property Act (4 of 1882) , S.53A— Anticipatory breach of contract - Option to claim damages of specific performance - Other party must keep contract alive by performing its part of contract and show readiness and willingness in order to claim specific performance - Otherwise can claim damages - Vendee in possession of premises - Stopped paying monthly instalments - Could not claim protection under S. 53-A. Specific Relief Act (47 of 1963) , S.20— Contract Act (9 of 1872) , S.55, S.56— Arbitration Act (10 of 1940) , S.30, S.33— In certain circumstances once a party to a contract has repudiated a contract, it is not necessary for the other party to tender the amount payable under the contract in the manner provided in the contract in order to successfully claim the specific performance of the contract. This does not, however, mean that where one party to a contract repudiates the contract, the other party to the contract who claims specific performance of the contract is absolved from his obligation to show that he was ready and willing to perform the contract. It is settled in law that where a party to a contract commits an anticipatory breach of the contract, the other party to the contract may treat the breach as putting an end to the contract and sue for damages, but in that event he cannot ask for specific performance. The oth....