AIROnline 2024 SC 19

Supreme Court Of India

Hon'ble Judge(s): Vikram Nath, Ahsanuddin Amanullah , JJ

Specific Relief Act (47 of 1963) , S.16(c)— Specific performance of agreement to sell - Readiness and willingness - Time was the essence of agreement - Plaintiff had failed to make full payment within fixed time-frame - Since time was not extended, , no enforceable right accrued to plaintiff for getting relief under Act of 1963 - Further, sale deed was executed by defendant in favour of bona fide purchaser much prior to issuance of any notice and institution of suit - No relief was sought for cancellation of said sale deed - Suit for specific performance for execution of sale deed of the same property was not maintainable - Readiness and willingness of plaintiff was not established - Plaintiff was not entitled to relief of specific performance. AIROnline 2009 MAD 75-Reversed (Para 25 26 27 31) .....