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july 1996

Supreme Court of India · 1996-07-30

PANDURANG GANPAT TANAWADE vs GANPAT BHAIRU KADAM

Citation / case number
SC 1995/1653
Court
Supreme Court of India
Petitioner
PANDURANG GANPAT TANAWADE
Respondent
GANPAT BHAIRU KADAM
Author
S.C. Agrawal
Bench
S.C. AGRAWAL

Judgment text excerpt

The Supreme Court held that the appellant's suit for specific performance under the Specific Relief Act was denied due to non-compliance with Section 16(c), which requires a specific averment of readiness and willingness to perform the contract. The Court found that the lower courts correctly determined that the transaction was an agreement to sell, but the appellant failed to meet necessary procedural requirements. Consequently, the Court upheld the lower courts' decisions, affirming the denial of specific performance and maintaining the money decree of Rs. 3,800 in favor of the appellant.

PANDURANG GANPAT TANAWADE vs GANPAT BHAIRU KADAM · Niyam