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FAKKIR MOHAMED IBRAHIM KALIFULLA, A.M.SAPRE
Rathnavathi – Appellant
Versus
Kavita Ganashamdas – Respondent
The court in this case did not explicitly state that if the major part of a contract is done, then the court will not intervene. Instead, the court discussed the principles related to the time being of the essence of a contract, emphasizing that in the context of sale of immovable property, time is generally presumed not to be of the essence unless explicitly stated or clearly inferred from the circumstances. The court clarified that unless the parties expressly specify that time is of the essence, or the nature of the property and surrounding circumstances clearly indicate such, courts typically do not consider the completion of the contract as being barred from judicial intervention solely because the major part has been performed. The court also highlighted that the discretion to grant specific performance depends on the facts, circumstances, and whether it would be equitable to enforce the contract, rather than a rigid rule that courts will abstain once most of the contractual obligations are fulfilled.
JUDGMENT
Abhay Manohar Sapre, J.
1. Leave granted.
2. The plaintiff filed two suits, one for specific performance of agreement and other for grant of permanent injunction in relation to the suit house. The trial court vide common judgment and decree dated 16.10.2001 dismissed both the suits. The first appellate court, i.e., the High Court, in appeal, by impugned judgment and decree dated 08.09.2011 reversed the judgment and decree of the trial court and decreed both the suits in appeal, against the defendants. Being aggrieved by the judgment and decree of the High Court, Defendants 1 and 3 have approached this Court in the instant civil appeals.
3. The question arises for consideration in these appeals is whether the High Court was justified in allowing the first appeals preferred by the plaintiff, resulting in decreeing the two civil suits against defendants in relation to suit house?
4. In order to appreciate the controversy involved in the civil suits, and now in these appeals, it is necessary to state the relevant facts.
5. For the sake of convenience, description of part
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