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Supreme Court of India 2019-07-10 allowed

R. Lakshmikantham vs Devaraji

Bench: 2 — R.F. Nariman

In Brief

In this property sale dispute, the buyer sought specific performance of an agreement to sell. The seller refused to perform, arguing the buyer delayed filing the suit and was not ready and willing. The High Court reversed the trial court's decree granting specific performance, citing delay and lack of readiness. The Supreme Court held that in India, specific performance is governed by statute, not English equity principles. Therefore, delay does not defeat relief if the suit is filed within the limitation period. The buyer's readiness was evidenced by sending legal notices and having funds available. The Court reversed the High Court and restored the original decree for specific performance."

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Specific Performance Contract Law Equity Limitation Act

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