INTERNATIONAL CONTRACTORS LTD. versus PRASANTA KUMAR SUR.

As appellant had repudiated the contract and failed to perform, respondent was entitled to enforce specific performance without formal tender; the High Court was correct in decreeing the suit.

Parties: Appellant: International Contractors Ltd.; Respondent: Prasanta Kumar Sur; Respondent: R. R. Biswas
Jurisdiction: India
Judgment Date: 25 January 1961
Procedural Posture: Civil Appeal / Appeal From High Court Decision
Outcome: Appeal dismissed
Legal Topics: Specific Performance, Tender of Purchase Money, Repudiation of Contract

Contract Law Specific Performance Tender of Purchase Money Repudiation of Contract

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2

Parties

International Contractors Ltd.

Appellant

Prasanta Kumar Sur

Respondent

R. R. Biswas

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

1 Whether a suit for specific performance lies without formal tender of purchase money when the vendor repudiates the contract
2 Whether repudiation of contract dispenses with the requirement for tendering the purchase money

Ratio Decidendi

As appellant had repudiated the contract and failed to perform, respondent was entitled to enforce specific performance without formal tender; the High Court was correct in decreeing the suit.

Court Disposition

Appeal dismissed

Orders

Respondent entitled to decree for specific performance
Appellant to pay costs