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Supreme Court of India 2019-03-06 partly_allowed

URVASHI AGGARWAL (SINCE DEAD) vs KUSHAGR ANSAL (SUCESSOR IN INTEREST OF ERSTWHILE DEFENEDENT NO. 1 MRS. SURAJ KUMARI)

Bench: 2 — L. Nageswara Rao, Mohan M. Shantanagoudar

In Brief

Urvashi Aggarwal and her son agreed to purchase property from Suraj Kumari in 1974 for Rs. 1,85,000. Although payments were made, the sale deed was never executed. The plaintiffs sued for specific performance in 1987, over 12 years after the contractual deadline. The Supreme Court held the suit was barred by limitation—the three-year period ran from the agreed performance date (31 March 1975), regardless of pending permissions. The plaintiffs also failed to prove readiness and willingness to perform their obligations. The Court dismissed the appeal for specific performance but modified the refund, directing payment of Rs. 2 crore instead of the High Court's amount, considering the property's appreciation since 1975.

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Specific Performance Contract Law Limitation Real Property Readiness and Willingness

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