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september 2006

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.

Faquir Chand And Anr vs Sudesh Kumari · Niyam