Supreme Court of India · 2014-03-14
BISWANATH GHOSH(DEAD BY LRS.) vs GOBINDA GHOSH .
- Citation / case number
- SC 2005/22263
- Court
- Supreme Court of India
- Petitioner
- BISWANATH GHOSH(DEAD BY LRS.)
- Respondent
- GOBINDA GHOSH .
- Author
- M.Y. EQBAL
- Bench
- M.Y. EQBAL JAGDISH SINGH KHEHAR
Judgment text excerpt
The Supreme Court held that the dismissal of the plaintiffs' suit for specific performance and re-conveyance was justified due to the absence of necessary pleadings as mandated by the Specific Relief Act, 1963, particularly Section 16(c). The Court emphasized that the plaintiffs failed to demonstrate readiness and willingness to perform their part of the contract, which is a prerequisite for seeking specific performance. Consequently, the appeal was dismissed, upholding the High Court's decision that the suit was barred by limitation and lacked sufficient evidence.