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april 2008

Supreme Court of India · 2008-04-07

Shri Rameshwar Prasad (D) By Lrs vs Shri Basanti Lal

Citation / case number
AIR 2008 SUPREME COURT 2050
Court
Supreme Court of India
Petitioner
Shri Rameshwar Prasad (D) By Lrs
Respondent
Shri Basanti Lal
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court upheld the Madhya Pradesh High Court's dismissal of LPA No. 16 of 1993, affirming that the plaintiff, Rameshwar Prasad, failed to prove readiness and willingness to perform the contract as required for specific performance under Section 20 of the Specific Relief Act. The Court noted that the plaintiff's claim of waiver of interest was not substantiated, leading to the conclusion that the essential ingredients for a decree of specific performance were not established. Consequently, the appeal was dismissed, and the High Court's decision was upheld.

Shri Rameshwar Prasad (D) By Lrs vs Shri Basanti Lal · Niyam