LAW FOR ALL

Specific Relief Act, 1963 - Agreement to sell land - Non-execution of - Suit for specific performance - Grant of decree and plea of seller that time was essence of contract rejected - However, High Court setting aside the decree - Validity of - Held: Recital in the agreement that earnest money would be forfeited upon failure to execute agreement within stipulated period makes it clear that parties never intended time to be essence of contract - More so, seller did not prove his plea - Thus, decree granted by trial court upheld - Buyer directed to deposit balance consideration amount and seller would execute sale deed. = PETITIONER: Balasaheb Dayandeo Naik (Dead)through LRs & Ors RESPONDENT: Appasaheb Dattatraya Pawar = published in http://judis.nic.in/supremecourt/helddis.aspx