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august 2017

Supreme Court of India · 2017-08-10

B. Vijaya Bharathi vs P. Savitri .

Citation / case number
AIR 2017 SUPREME COURT 3934
Court
Supreme Court of India
Petitioner
B. Vijaya Bharathi
Respondent
P. Savitri .
Author
R.F. Nariman
Bench
Sanjay Kishan Kaul, Rohinton Fali Nariman

Judgment text excerpt

The Supreme Court held that under Section 16(c) of the Specific Relief Act, 1963, a plaintiff must demonstrate continuous readiness and willingness to perform their part of the contract for specific performance to be granted. The Court found that the plaintiff failed to act promptly after the vendor's repudiation of the agreement, as she did not take necessary steps for nearly two years, leading to the dismissal of her suit for specific performance. The Court upheld the High Court's decision that the plaintiff's inaction constituted a lack of readiness and willingness, thus affirming the dismissal of the suit.

B. Vijaya Bharathi vs P. Savitri . · Niyam