Supreme Court of India · 2014-08-27
Surjit Singh & Ors vs Gurwant Kaur & Ors
- Citation / case number
- AIR 2014 SUPREME COURT 3679
- Court
- Supreme Court of India
- Petitioner
- Surjit Singh & Ors
- Respondent
- Gurwant Kaur & Ors
- Author
- Dipak Misra
- Bench
- V. Gopala Gowda, Dipak Misra
Judgment text excerpt
The Supreme Court addressed the issue of specific performance of contract under Section 20 of the Specific Relief Act, emphasizing that specific performance is not a matter of right but discretion of the court. The court held that the plaintiff's failure to produce evidence of readiness to pay the balance amount at the time of execution was a critical factor in dismissing the suit. The judgment affirmed the trial court's decision, reinforcing the principle that the burden of proof lies on the party seeking specific performance to demonstrate readiness and willingness to perform their part of the contract.