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july 2000

Supreme Court of India · 2000-07-18

R.K. Mohammed Ubaidullah & Ors vs Hajee C.Abdul Wahab (D) & Ors

Citation / case number
AIR 2001 SUPREME COURT 1658
Court
Supreme Court of India
Petitioner
R.K. Mohammed Ubaidullah & Ors
Respondent
Hajee C.Abdul Wahab (D) & Ors
Author
Shivaraj V. Patil
Bench
Shivaraj V. Patil

Judgment text excerpt

The Supreme Court held that in a suit for specific performance, the plaintiff must demonstrate readiness and willingness to perform the contract as per Section 16(c) of the Specific Relief Act, 1963. The Court found that the first defendant's sale to the subsequent purchasers was not bona fide as they had knowledge of the prior agreement with the plaintiff. The Court upheld the trial court's decision to grant specific performance in favor of the plaintiff, confirming the validity of the original agreement dated 27.7.1971.

R.K. Mohammed Ubaidullah & Ors vs Hajee C.Abdul Wahab (D) & Ors · Niyam