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.