Supreme Court of India · 2007-10-05
Sita Ram & Ors vs Radhey Shyam
- Citation / case number
- AIR 2008 SUPREME COURT 143
- Court
- Supreme Court of India
- Petitioner
- Sita Ram & Ors
- Respondent
- Radhey Shyam
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that under Section 16(c) of the Specific Relief Act, 1963, a plaintiff must prove readiness and willingness to perform the contract terms to succeed in a suit for specific performance. The Court found that the plaintiffs failed to adequately demonstrate this requirement, as their pleadings indicated changes to the contract terms that were not addressed. Consequently, the Court upheld the dismissal of the Second Appeal by the Rajasthan High Court, affirming the factual findings of the lower courts.