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march 2008

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.

Gurdial Kaur (D) Through Lrs vs Piara Singh (D) Through Lrs · Niyam