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september 2005

Supreme Court of India · 2005-09-23

ANIGLASE YOHANNAN vs RAMLATHA .

Citation / case number
SC 2004/20
Court
Supreme Court of India
Petitioner
ANIGLASE YOHANNAN
Respondent
RAMLATHA .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & C.K. THAKKER

Judgment text excerpt

The Supreme Court upheld the Full Bench decision of the Kerala High Court, affirming that the plaintiff was entitled to specific performance of the contract under Section 16(c) of the Specific Relief Act, 1963. The Court found that the plaintiff had demonstrated readiness and willingness to perform his part of the contract, contrary to the defendant's claims regarding the nature of the agreement and the ownership of the property. The judgment of the Trial Court was set aside, and the plaintiff's appeal was allowed, granting him specific performance of the contract.

ANIGLASE YOHANNAN vs RAMLATHA . · Niyam