Question Of Paying Balance Sale Consideration Does Not Arise When The Vendor Did Not Get The Subject Land Measured Within Prescribed Time: SC - In sale of immovable property there is no presumption that time is the essence of the contract Amendment Act 2018 is prospective

Citation
AIR online 2023 SC 290

Cause Title- 

Gaddipati Divija & Anr. v. Pathuri Samrajyam & Ors

Case Title: Gaddipati Divija & Anr v Pathuri Samrajyam & Ors.

Citation: 2023 LiveLaw (SC) 327

Counsel for Appellant: Mr. A. Sirajuddin (Sr. Adv.)

Counsel for Respondent: Mr. C. Mohan Rao (Sr. Adv.)

Specific Relief Act 1963 - In sale of immovable property there is no presumption that time is the essence of the contract, however, the court may infer performance in a reasonable time if the conditions are evident from the express terms of the contract, from the nature of the property, and from the surrounding circumstances- referred to Katta Sujatha Reddy v. Siddamsetty Infra Projects (P) Ltd. & Or 2022 LiveLaw (SC) 712- Para 32

Specific Relief Act 1963 -  when specific performance of the terms of the contract has not been done, the question of time being the essence does not arise -time would not be of essence in a contract wherein the obligations of one party are dependent on the fulfillment of obligations of another party.


CIVIL APPEAL NO. 4206-4207 OF 2011
[Arising out of Special 
Leave Petition (C) No. 3229-3230 of 2011]


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