The Supreme Court of India, in a judgment dated October 29, 2025, has ruled that a suit for specific performance of a contract is maintainable without a separate prayer to declare a termination notice invalid, especially when the vendor has waived their right to terminate by accepting additional payment after the stipulated period.
The bench, comprising Justice J.B. Pardiwala and Justice Manoj Misra , allowed the appeals filed by Annamalai (appellant), setting aside the judgment of the High Court of Judicature at Madras and restoring the decree for specific performance passed by the First Appellate Court.
The legal issue centered on whether a plaintiff, having paid over 90% of the sale consideration plus an additional demanded amount, was “ready and willing” to perform the contract, an

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