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april 2015

Supreme Court of India · 2015-04-07

Padmakumari & Ors vs Dasayyan & Ors

Citation / case number
AIRONLINE 2015 SC 570
Court
Supreme Court of India
Petitioner
Padmakumari & Ors
Respondent
Dasayyan & Ors
Author
V. Gopala Gowda
Bench
C. Nagappan, V. Gopala Gowda

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the trial court's dismissal of the plaintiff's suit for specific performance under the Specific Relief Act, 1963, particularly citing Section 16(c) which mandates readiness and willingness of the plaintiff to perform the contract. The Court found that the plaintiff failed to pay the remaining sale consideration within the stipulated time, constituting a breach of contract. Furthermore, the Court recognized the rights of defendant Nos. 12 to 15 as bona fide purchasers under Section 19(b) of the Specific Relief Act, thus affirming the trial court's ruling.

Padmakumari & Ors vs Dasayyan & Ors · Niyam