Supreme Court of India · 2017-04-18
JASWINDER KAUR (NOW DECEASED ) THROUGH HER LRS vs GURMEET SINGH
- Citation / case number
- SC 2016/8834
- Court
- Supreme Court of India
- Petitioner
- JASWINDER KAUR (NOW DECEASED ) THROUGH HER LRS
- Respondent
- GURMEET SINGH
- Bench
- ARUN MISHRA, AMITAVA ROY
Judgment text excerpt
The Supreme Court allowed the appeal, setting aside the High Court's judgment which had partially decreed specific performance of a contract for the sale of land without addressing the trial court's findings that the plaintiffs were not ready and willing to perform their part of the contract. The Court emphasized that the High Court's approach was flawed as it failed to consider the plaintiffs' inability to pay the balance consideration within the stipulated time. The ruling reinforces the principle that specific performance cannot be granted if the plaintiff does not fulfill their contractual obligations as per the agreement.