Time limit specified in the Agreement can't be ignored while allowing specific Performance

Case details

Kolli Satyanarayana (D) vs Valuripalli Kesava Rao Chowdary (D) | 2022 LiveLaw (SC) 807 | CA 1013 OF 2014 | 27 September 2022 | Justices BR Gavai and CT Ravikumar

Headnotes

Specific Relief Act, 1963 - Suit for specific performance - The court should look at all the relevant circumstances including the time limit(s) specified in the agreement and determine whether its discretion to grant specific performance should be exercised - While exercising its discretion, the court should bear in mind that when the parties prescribe certain time limit(s) for taking steps by one or the other party, it must have some significance and that the said time limit(s) cannot be ignored altogether on the ground that time is not the essence of the contract - Referred to K.S. Vidyanadam and Others v. Vairavan (1997) 3 SCC 1. (Para 12)