Supreme Court of India · 2003-03-13
MANJUNATH ANANDAPPA URF.SHIVAPPA HANASI vs TAMMANASA
- Citation / case number
- SC 1998/16339
- Court
- Supreme Court of India
- Petitioner
- MANJUNATH ANANDAPPA URF.SHIVAPPA HANASI
- Respondent
- TAMMANASA
- 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 found that the plaintiff failed to make necessary averments regarding his readiness and willingness in the plaint, leading to the dismissal of his suit for specific performance. The High Court's reversal of the trial court's decision was deemed erroneous as the defendants did not contest the case, and the plaintiff's lack of compliance with statutory requirements was upheld.