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march 2003

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.

MANJUNATH ANANDAPPA URF.SHIVAPPA HANASI vs TAMMANASA · Niyam