In Brief
A property developer sought specific performance of sale agreements to purchase land. A lower court dismissed the suit; the High Court partly allowed it, directing registration of the portion of land proportionate to consideration paid. The Supreme Court's earlier judgment had reversed this, holding the suit was time-barred because time was of the essence. On review, the Court found errors in the earlier judgment: it misread contractual clauses regarding time of performance and wrongly found the vendors ready to provide documents when they had not. Since time was not of the essence, limitation ran from the vendors' refusal to perform (April 2000), making the suit timely. The Court restored the High Court's partial decree for specific performance, finding the developer had paid 90% of the purchase price and was ready and willing to perform his obligations."
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