The legal position suggests that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. However, this does not […]
Two issues were posed before the Apex Court for adjudication, firstly, the jurisdiction of High Court while entertaining the Second Appeal, and secondly, meaning of the expression readiness and willingness a suit for specific performance. […]
Merely because property in relation to which agreement was entered upon is no longer subject to any order of restrain, party seeking specific performance does not automatically becomes entitled to such relief.
A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement. The jurisdiction rest with the Civil Court only.