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february 2000

Supreme Court of India · 2000-02-01

Ramawadh (Dead) By Lrs. &0Rs vs Achhalbardtjbey & Anr

Court
Supreme Court of India
Petitioner
Ramawadh (Dead) By Lrs. &0Rs
Respondent
Achhalbardtjbey & Anr
Bench
S.P.Bharucha, N.S.Hegde, Ruma Pal

Judgment text excerpt

The Supreme Court clarified the interpretation of Section 16(c) of the Specific Relief Act, emphasizing that the obligation to prove readiness and willingness to perform the contract lies with the plaintiff, and this requirement is applicable to all defendants in a suit for specific performance. The Court overruled the previous judgment in Jugraj Singh's case, which suggested that this plea was personal to the vendor. The Court held that subsequent purchasers can also contest the plaintiff's claim based on the lack of readiness and willingness, thereby establishing a broader interpretation of the statute.

Ramawadh (Dead) By Lrs. &0Rs vs Achhalbardtjbey & Anr · Niyam