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august 2014

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.

Surjit Singh & Ors vs Gurwant Kaur & Ors · Niyam