Mathurabai w/o Saju Naik @ Bandadkar, major of age, occupation housewife, r/o. part of House No.34, Plot No.2, Madabhat Kalimati, Bhoma (since deceased) through her LRs. vs Amresh s/o Balachandra Anvekar, major of age, occupation: business, resident of part of House No.34 Plot No. 2, Madabhat Kalimati, Bhoma, Taluka Ponda, Goa.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Bom) 24389

BOMBAY HIGH COURT
M. S. Sonak, J
Mathurabai w/o Saju Naik @ Bandadkar, major of age, occupation housewife, r/o. part of House No.34, Plot No.2, Madabhat Kalimati, Bhoma (since deceased) through her LRs. – Appellant
Versus
Amresh s/o Balachandra Anvekar, major of age, occupation: business, resident of part of House No.34 Plot No. 2, Madabhat Kalimati, Bhoma, Taluka Ponda, Goa. – Respondent

Advocates:
For the Appellants/Petitioners: Mr Ryan Menzes, Ms Jina Almeida
For the Respondents: Amresh Balachandra Anvekar

Table of Content
1. nature of appeal and context of judgments (Para 1 , 2)
2. arguments regarding breach of agreement (Para 4 , 5)
3. clarification on time as essence in contracts (Para 20 , 22)
4. court's decision on specific performance and modification of decree (Para 23 , 31)

JUDGMENT :

1. This Appeal is directed against the concurrent Judgments and Decrees dated 15/5/2013 and 17/12/2014 passed by the Trial Court and the First Appellate Court, decreeing Special Civil Suit No. 31/2004/A for specific performance of an Agreement for sale dated 10/12/2003, instituted by Respondent No.1 (Plaintiff).

2. This Second Appeal was admitted by an order dated 25th March 2015 on the following substantial questions of law :

(i) Whether the courts below failed to appreciate that Clause (1) of the Agreement dated 10th December, 2003 of which the Plaintiff sought specific performance, itself provided in clear terms that the entire consideration/sale price agreed to therein, was required to be paid within a period of 3 months thereof, or a further period of 1 month, along with 12 % interest thereon, the said agreement would stand terminated, as would Respondent No.1's entitlements thereunder, with ₹ forf

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