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.