Supreme Court of India · 2006-09-21
Faquir Chand And Anr vs Sudesh Kumari
- Court
- Supreme Court of India
- Petitioner
- Faquir Chand And Anr
- Respondent
- Sudesh Kumari
- Author
- Ar. Lakshmanan
- Bench
- Ar. Lakshmanan, Tarun Chatterjee
Judgment text excerpt
The Supreme Court upheld the decrees of the lower courts for specific performance under Section 16(c) of the Specific Relief Act, emphasizing that the plaintiff's readiness and willingness to perform the contract need not be in specific phraseology but must be evident in spirit and substance. The Court found that the plaintiff had consistently demonstrated readiness to perform, including depositing the sale consideration and being present for registration, while the defendant failed to execute the sale deed. Consequently, the appeal was dismissed, affirming the lower courts' decisions.