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april 1996

Supreme Court of India · 1996-04-30

HIS HOLINESS ACHARYA SWAMI GANESH DASJIT vs SITA RAM THAPAR

Citation / case number
SC 1996/64030
Court
Supreme Court of India
Petitioner
HIS HOLINESS ACHARYA SWAMI GANESH DASJIT
Respondent
SITA RAM THAPAR
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 16(c) of the Specific Relief Act, the petitioner was not ready and willing to perform his part of the contract for the sale of land, as he failed to provide the necessary cash for the transaction and did not return the approved draft sale deed within the stipulated time. The Court emphasized the distinction between readiness and willingness to perform a contract, noting that financial capacity is essential. The High Court's decision was upheld, affirming that the petitioner’s dilatory tactics disqualified him from relief.

HIS HOLINESS ACHARYA SWAMI GANESH DASJIT vs SITA RAM THAPAR · Niyam