AIR 2019 SUPREME COURT 1280 ::AIROnline 2019 SC 488 ::(2019) 1 CLR 818 (SC) ::2019 (2) KCCR SN 112 (SC) ::(2019) 2 All RentCas 493 ::(2019) 2 CivilCourtC 485 ::(2019) 2 RecCivR 331 ::(2019) 144 RevDec 76 ::(2019) 4 Scale 180

Supreme Court Of India

Hon'ble Judge(s): L. Nageswara Rao, Mohan M. Shantanagoudar , JJ

(A) Specific Relief Act (47 of 1963) , S.16— Specific performance of contract - Limitation - Specific date fixed for performance of contract i.e. execution of sale deed - Cannot be said to be extended merely because defendants were pursuing application filed for permission before Land and Development Office - Suit filed twelve years after date fixed for performance - Amounts to abandonment of agreement and is barred by limitation. Limitation Act (36 of 1963) , Art.54— (Para 11 12) (B) Specific Relief Act (47 of 1963) , S.16(c)— Specific performance of agreement to sell - Readiness and willingness - Concurrent findings of fact that plaintiffs were not ready and willing to perform their part of agreement - No interference under Art. 136 of Constitution - Plaintiffs not entitled to decree of specific performance. Constitution of India , Art.136— (Para 13) (C) Specific Relief Act (47 of 1963) , S.16, S.22— Specific performance of contract - Agreement to sell - Plaintiffs, vendee put in possession of suit premises on payment of Rs. 70,000/- as stipulated in agreement way back in 1975 - Plaintiffs having failed to prove readiness and ....