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Supreme Court of India 2023-04-18 dismissed

GADDIPATI DIVIJA & ANR vs PATHURI SAMRAJYAM & ORS

Bench: 2 — Krishna Murari, Sanjay Karol

In Brief

The appellants, minors represented as heirs of a deceased seller (G. Venugopala Rao), opposed a decree for specific performance of a property sale agreement favoring the respondent purchaser. The purchaser had paid an advance but the seller failed to measure and demarcate the land within the contractually stipulated three months. When the seller's representative died, legal heirs were made defendants. The trial court rejected the purchaser's suit for specific performance; the High Court reversed this, holding the purchaser had always been ready and willing to pay the balance consideration. The Supreme Court upheld the High Court, affirming that the seller's obligation to demarcate property was a precondition to the purchaser's payment obligation, and the purchaser's conduct throughout was blameless and demonstrated readiness and willingness to perform.

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Specific Performance Sale of Immovable Property Contract Law Readiness and Willingness Time Essence of Contract Civil Procedure

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