Supreme Court of India · 2006-01-17
MOST ETWARI DEVI AND OTHERS vs PARVATI DEVI
- Citation / case number
- SC 1999/11214
- Court
- Supreme Court of India
- Petitioner
- MOST ETWARI DEVI AND OTHERS
- Respondent
- PARVATI DEVI
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT & TARUN CHATTERJEE
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the appellants' suit for specific performance under the Specific Relief Act, 1963, particularly Section 16(c), by incorrectly finding that the plaintiff did not prove readiness and willingness to perform the contract. The Court emphasized that the plaintiff had made specific averments and provided evidence of his willingness to perform, including attempts to tender payment. The judgment of the High Court was set aside, and the appellants were entitled to a decree for specific performance.