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august 1999

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.

SYED DASTAGIR vs T.R. GOPALAKRISHNASETTY · Niyam