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april 2007

Supreme Court of India · 2007-04-11

M.M.S. INVESTMENTS, MADURAI vs V. VEERAPPAN .

Citation / case number
SC 2000/3356
Court
Supreme Court of India
Petitioner
M.M.S. INVESTMENTS, MADURAI
Respondent
V. VEERAPPAN .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & S.H. KAPADIA

Judgment text excerpt

The Supreme Court upheld the High Court's ruling regarding the applicability of Section 16(c) of the Specific Relief Act, 1963, which pertains to the requirement of readiness and willingness in a suit for specific performance. The Court clarified that once a conveyance has occurred, the question of readiness and willingness becomes irrelevant, thus affirming the High Court's decision to allow the appeal and dismiss the connected CMP. The judgment emphasized that the appellants could raise issues on the merits of the appeal, except for the defense of readiness and willingness.

M.M.S. INVESTMENTS, MADURAI vs V. VEERAPPAN . · Niyam