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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.

BISWANATH GHOSH(DEAD BY LRS.) vs GOBINDA GHOSH . · Niyam