Supreme Court of India · 1999-08-11
SYED DASTAGIR vs T.R. GOPALAKRISHNASETTY
- Citation / case number
- SC 1987/68121
- Court
- Supreme Court of India
- Petitioner
- SYED DASTAGIR
- Respondent
- T.R. GOPALAKRISHNASETTY
- Author
- A.P.MISRA,B.N.KIRPAL,S.RAJENDRA BABU
- Bench
- A.P.MISRA,B.N.KIRPAL,S.RAJENDRA BABU
Judgment text excerpt
The Supreme Court addressed the interpretation of 'readiness and willingness' under Section 16(c) of the Specific Relief Act, 1963, in the context of a suit for specific performance. The Court held that the High Court erred in dismissing the suit solely on the grounds of lack of specific pleading regarding readiness and willingness, emphasizing that such a plea can be inferred from the facts presented. The Court reinstated the trial court's decree in favor of the plaintiff, affirming the concurrent findings of fact by the lower courts.