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february 2006

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.

H.P. Pyarejan vs Dasappa(Dead) By L.Rs. & Ors · Niyam