Supreme Court of India · 2008-03-14
Gurdial Kaur (D) Through Lrs vs Piara Singh (D) Through Lrs
- Court
- Supreme Court of India
- Petitioner
- Gurdial Kaur (D) Through Lrs
- Respondent
- Piara Singh (D) Through Lrs
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the issue of specific performance under the Specific Relief Act, particularly focusing on Section 16(c), which requires the plaintiff to demonstrate both readiness and willingness to perform their part of the contract. The Court held that the plaintiff's failure to adequately plead continuous willingness to perform the contract resulted in the denial of specific performance, although the alternative relief for recovery of a sum was granted. The appeal was allowed, and the judgment of the First Appellate Court was upheld, emphasizing the necessity of clear averments in such cases.