Punjab & Haryana High Court, Chandigarh
Citation(1993) 4 SCC 10
CourtSupreme Court of India
Date1 September 1993
Year1993
BenchK. Ramaswamy, B.L. Hansaria JJ.
Acts/ArticlesSpecific Relief Act Sections 16 and 20, Transfer of Property Act
CategoryProperty & Land Law

Key Principle Established

Specific performance of agreement to sell is a discretionary relief. Purchaser must prove readiness and willingness to perform throughout. Time is not essence unless expressly stated.

Brief Facts

A buyer sought specific performance of an agreement to sell immovable property. The seller resisted, arguing the buyer was not ready and willing to perform within the stipulated time.

Ratio Decidendi

The Court laid down key principles of specific performance:

  • Specific performance is a discretionary relief — courts are not bound to grant it
  • The plaintiff must prove continuous readiness and willingness to perform from the date of agreement till filing of suit
  • In contracts for sale of immovable property, time is generally not of the essence unless expressly stated
  • The court considers the conduct of both parties, hardship, and whether damages would be adequate alternative

Impact & Significance

This judgment is the standard authority on specific performance of property sale agreements and is cited in virtually every specific performance suit. The principle that “time is not essence” in property contracts has massive implications for property disputes in Haryana and Punjab.

Tags & Related Topics

Property & Land Law Specific Relief Act Sections 16 and 20 Transfer of Property Act
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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