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february 2000

Supreme Court of India · 2000-02-01

Ram Awadh (Dead) By Lrs. & Ors vs Achbalbar Dubey & Anr

Court
Supreme Court of India
Petitioner
Ram Awadh (Dead) By Lrs. & Ors
Respondent
Achbalbar Dubey & Anr
Bench
N.S.Hegde, Ruma Pal

Judgment text excerpt

The Supreme Court clarified that under Section 16(c) of the Specific Relief Act, a plaintiff seeking specific performance must prove readiness and willingness to perform their part of the contract. The Court held that this obligation is personal to the plaintiff and can be raised by any defendant, including subsequent purchasers, to contest the claim. The judgment in Jugraj Singh's case was distinguished, emphasizing that the requirement of readiness and willingness is not limited to the vendor but applies universally to all parties involved in the suit.

Ram Awadh (Dead) By Lrs. & Ors vs Achbalbar Dubey & Anr · Niyam