Buyer's payment obligation and the obligation to execute the contract, was dependent upon the measurement to be conducted by the seller - Vendee entitled to the relief of specific Performance.

Citation

2018-1-L.W. 385

AIR 2018 SC 340

IN THE SUPREME COURT OF INDIA APPELLATTE

22nd August, 2017/Civil Appeal No. 10741/2017 (Arising out of SLP (C) No. 18738/2014) (From the final Judgment and Order dated 14.3.2014 passed by the High Court of Judicature at Madras he S.A.No.1819 of 2001)

N.V.Ramana, J., and Prafulla C.Pant,J.

Ramathal.               ...Petitioner

Versus

Maruthathal & others.          ...Respondents

Specific relief act (1963), Section 16, ready and willing

C.P.C., Sections 100, 103

Buyer, seller's obligation - Contract, contingent Time whether essence Buyer ready and willing Interpretation of contract reciprocal promises were dependent on each other and must be determined on the true construction of the contract in the order which nature of transaction requires Buyer's payment obligation and the obligation to execute the contract, was dependent upon the measurement to be conducted by the seller.           Para12