Supreme Court of India · 2006-02-06
H.P. Pyarejan vs Dasappa(Dead) By L.Rs. & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 1144
- Court
- Supreme Court of India
- Petitioner
- H.P. Pyarejan
- Respondent
- Dasappa(Dead) By L.Rs. & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that under Section 16(c) of the Specific Relief Act, 1963, a plaintiff must not only plead but also prove readiness and willingness to perform their part of the contract for specific performance to be granted. The Court found that the High Court erred in allowing the second appeal without addressing the factual findings of the Trial Court and First Appellate Court, which stated that the plaintiff failed to establish his readiness and willingness. Consequently, the Supreme Court set aside the High Court's judgment and restored the decisions of the lower courts, dismissing the plaintiff's appeal.