VidhiSangh

Supreme Court of India · 10/08/2017

B. VIJAYA BHARATHI versus P. SAVITRI & ORS.

[2017] 7 S.C.R. 746 · 2017 INSC 734

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Summary

The Court upheld refusal of specific performance where the buyer remained inactive for nearly twenty-three months after the seller unequivocally repudiated the agreement. This conduct, rather than delay alone, defeated proof of continuous readiness and willingness. Subsequent purchasers could raise that statutory defect, and their own alleged lack of bona fides did not cure it. The absence of a challenge to the intervening conveyances was an additional obstacle.

Issues

  1. Whether the buyer proved continuous readiness and willingness despite prolonged inaction after repudiation.
  2. Whether subsequent purchasers could invoke Section 16(c).

Held

Result

Appeal dismissed; High Court dismissal of the specific-performance suit upheld.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 746.