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july 2004

Supreme Court of India · 2004-07-28

P. D'Souza vs Shondrilo Naidu

Citation / case number
AIR 2004 SUPREME COURT 4472
Court
Supreme Court of India
Petitioner
P. D'Souza
Respondent
Shondrilo Naidu
Author
S.B. Sinha
Bench
S.B. Sinha, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed a suit for specific performance of a contract under Section 10 of the Specific Relief Act, 1963, where the plaintiff claimed readiness and willingness to perform her part of the contract. The Court held that the High Court correctly found that the plaintiff had consistently demonstrated her readiness to perform the contract despite the defendant's failure to execute the sale deed. The Supreme Court upheld the High Court's decision, thereby allowing the suit for specific performance and reversing the Trial Court's dismissal.

P. D'Souza vs Shondrilo Naidu · Niyam