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april 2017

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.

JASWINDER KAUR (NOW DECEASED ) THROUGH HER LRS vs GURMEET SINGH · Niyam