18 Nov 2025 09:19 AM
Supreme Court
Supreme Court

Agreement to Sell

Increase in Market Prices--It is a valid ground for not granting relief of specific performance, if delay in execution of sale deed is attributable to the buyer

Agreement to Sell--Time as Essence--Last date for payment was subject to happening of condition which happened much later than date specified-- Therefore, time was not the essence even though the agreement provided that “time mentioned in this agreement shall be of the essence”.

Framing of Issue--Maintainability of Suit--Any failure or omission on the part of the trial court to frame an issue on maintainability of a suit touching jurisdictional fact by itself cannot trim the powers of the higher court to examine the same

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