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february 2006

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.

H.P.PYAREJAN vs DASAPPA (DEAD) BY LRS.&ORS · Niyam