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february 2000

Supreme Court of India · 2000-02-01

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

Citation / case number
AIR 2000 SUPREME COURT 860
Court
Supreme Court of India
Petitioner
Ram Awadh (Dead) By Lrs. & Ors.
Respondent
Achhaibar Dubey & Anr.
Author
S.P. Bharucha
Bench
S.P. Bharucha, N. Santosh Hegde, Ruma Pal

Judgment text excerpt

The Supreme Court clarified that in a suit for specific performance under the Specific Relief Act, particularly Section 16(c), the burden of proving readiness and willingness to perform the contract lies with the plaintiff. The Court held that this requirement is personal to the vendor and not to subsequent purchasers, who can defend their purchase without needing to prove the plaintiff's readiness. The judgment in Jugraj Singh was distinguished, affirming that the plea of readiness is not available to subsequent purchasers, thus allowing the appellants to contest the claim based on the plaintiff's failure to prove readiness.

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