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september 2006

Supreme Court of India · 2006-09-21

FAQUIR CHAND vs SUDESH KUMARI

Citation / case number
SC 2003/6157
Court
Supreme Court of India
Petitioner
FAQUIR CHAND
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 of a contract, emphasizing that under Section 16(c) of the Specific Relief Act, the plaintiff must demonstrate readiness and willingness to perform the contract. The Court clarified that this requirement does not necessitate specific wording but must be evident in spirit and substance, which was satisfied by the plaintiff's conduct. The appeal was dismissed as the plaintiff had shown continuous readiness to perform, including depositing the sale consideration and being present for registration, while the defendant failed to appear.

FAQUIR CHAND vs SUDESH KUMARI · Niyam