Supreme Court of India · 2006-02-06
H.P.PYAREJAN vs DASAPPA (DEAD) BY LRS.&ORS
- Citation / case number
- SC 1998/1243
- Court
- Supreme Court of India
- Petitioner
- H.P.PYAREJAN
- Respondent
- DASAPPA (DEAD) BY LRS.&ORS
- Author
- ARIJIT PASAYAT
- Bench
- TARUN CHATTERJEE ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed the appeal against the Karnataka High Court's judgment allowing the plaintiff's second appeal for specific performance of a sale agreement. The Court emphasized that under Section 16(c) of the Specific Relief Act, 1963, the plaintiff must not only plead but also prove readiness and willingness to perform the contract. The Court found that the High Court erred in setting aside the lower courts' findings regarding the plaintiff's lack of evidence for readiness and willingness, leading to the conclusion that the High Court's decision was impermissible and the appeal was allowed.