Alagammal vs Ganesan 2024 INSC 28 :: [2024] 1 S.C.R. 374 – Specific Relief Act

Summary – Plaintiffs filed a suit for specific performance of agreement to sale – Trial Court dismissed the suit – Appellate Court and High Court decred – Allowing appeal, the Supreme Court held: Even if the case of later payments by the respondents to the appellants is accepted, the same being at great intervals and there being no willingness shown by them to pay the remaining amount or getting the Sale Deed ascribed on necessary stamp paper and giving notice to the appellants to execute the Sale Deed, it be said that in the present 32 case, judged on the anvil of the conduct of parties, especially the appellants, time would not remain the essence of the contract – Referred to K.S. Vidyanadam v Vairavan, (1997) 3 SCC 1.

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