Supreme Court of India · 2008-03-14
GURDIAL KAUR (D) TH. LRS. vs PIARA SIGH (D) TH. LRS.
- Citation / case number
- SC 2007/6907
- Court
- Supreme Court of India
- Petitioner
- GURDIAL KAUR (D) TH. LRS.
- Respondent
- PIARA SIGH (D) TH. LRS.
- Author
- V.S. SIRPURKAR S.B. SINHA
- Bench
- V.S. SIRPURKAR S.B. SINHA
Judgment text excerpt
The Supreme Court addressed a dispute regarding the specific performance of a sale agreement under the Specific Relief Act, 1963, 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 prove continuous willingness to perform the contract led to the dismissal of the specific performance claim, while allowing an alternative claim for recovery of Rs. 8,260. The judgment emphasized the necessity of clear averments in the plaint to satisfy the statutory requirements for specific performance.