AIR 2020 (NOC) 30 (MAD.) ::AIROnline 2019 Mad 1753

Madras High Court

Hon'ble Judge(s): P. T. Asha , J

(A) Specific Relief Act (47 of 1963) S. 16 (c)— Suit for specific performance — Readiness and willingness of plaintiff — Sale deed executed by Tamil Nadu Slum Clearance Board in favour of defendant — Failure of defendant to inform plaintiff about execution of sale deed — Plaintiff filing suit for possession immediately after coming to know about execution of sale deed — Plaintiff depositing entire sale consideration during pendency of suit — Showing readiness and willingness of plaintiff to proceed with contract. (Para 9)

(B) Contract Act (9 of 1872) S. 55 — Time whether essence of contract — Sale deed to be executed within period of three months from date of agreement — Defendants neither taking any steps to terminate agreement on expiry of period given under agreement nor obtaining sale deed from Tamil Nadu Slum Clearance Board — Right to convey property would accrue to defendant only upon receiving sale deed from Tamil Nadu Slum Clearance Board — Time not essence of contract. (Para 8)