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AIR 2019 SUPREME COURT 1280 ::AIROnline 2019 SC 488
Supreme Court Of India
Hon'ble Judge(s): L. Nageswara Rao, Mohan M. Shantanagoudar , JJ

(A) Specific Relief Act (47 of 1963) , S.16— Specific performance of contract - Agreement to sell - Earnest money of Rs. 70,000/- paid by plaintiffs vendee way back in 1975- Plaintiffs failed to prove readiness and willingness to perform their part of agreement, not entitled to decree of specific performance - But considering increase in price of suit property over time - Defendants directed to pay Rs.Two crores to plaintiffs instead of refund of Rs. 70,000/- with interest @ 24% p.a. (Para 14) (B) Specific Relief Act (47 of 1963) , S.16(c)— Constitution of India , Art.136— Specific performance of agreement to sell - Readiness and willingness - Concurrent findings of fact that plaintiffs were not ready and willing to perform their part of agreement - No interference under Art. 136 of Constitution - Plaintiffs not entitled to decree of specific performance. (Para 13) (C) Specific Relief Act (47 of 1963) , S.16— Limitation Act (36 of 1963) , Art.54— Specific performance of contract - Limitation - Specific date fixed for performance of contract i.e. execution of sale deed - Cannot be said to be extende....

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