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
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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