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Supreme Court of India 2018-03-28 allowed

P. Meenakshisundaram vs P. Vijayakumar & Anr

Bench: 2 — Uday Umesh Lalit

In Brief

A property owner (appellant) sold a plot with a marriage hall to a purchaser (respondent) under an agreement dated 20 September 2000 for Rs. 37.5 lakhs. A dispute arose over completion and possession. The respondent sued for specific performance; the trial court and High Court decreed the suit. The Supreme Court held that the respondent failed to prove continuous readiness and willingness to perform the contract, particularly after missing the 20 March 2001 completion deadline. The Court dismissed the specific performance suit, ordered the respondent to return possession, and directed refund of Rs. 18 lakhs in advances. No mesne profits were awarded to balance the equities between the parties."

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Specific Performance Real Property Contract Law Readiness and Willingness

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