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january 2006

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.

MOST ETWARI DEVI AND OTHERS vs PARVATI DEVI · Niyam