Supreme Court of India · 2003-03-13
Manjunath Anandappa Urf. Shivappa ... vs Tammanasa & Ors
- Citation / case number
- AIR 2003 SUPREME COURT 1391
- Court
- Supreme Court of India
- Petitioner
- Manjunath Anandappa Urf. Shivappa ...
- Respondent
- Tammanasa & Ors
- Author
- S.B. Sinha
- Bench
- Brijesh Kumar, S. B. Sinha
Judgment text excerpt
The Supreme Court held that under Section 16(c) of the Specific Relief Act, 1963, a plaintiff must demonstrate readiness and willingness to perform their part of the contract to be entitled to specific performance. The Court affirmed the trial court's dismissal of the suit due to the plaintiff's failure to make such averments in the plaint, despite the High Court's reversal of this decision. The Court emphasized that the absence of notice to the owner (Defendant No. 1) further weakened the plaintiff's case, leading to the conclusion that the plaintiff was not entitled to the relief sought.