Supreme Court of India · 2018-10-03
Vijay Kumar vs Om Parkash
- Citation / case number
- AIR 2018 SUPREME COURT 5098
- Court
- Supreme Court of India
- Petitioner
- Vijay Kumar
- Respondent
- Om Parkash
- Author
- R. Banumathi
- Bench
- Indira Banerjee, R. Banumathi
Judgment text excerpt
The Supreme Court upheld the decision of the High Court affirming the First Appellate Court's decree for specific performance of a contract under Section 10 of the Specific Relief Act, 1963. The Court emphasized that the plaintiff must demonstrate continuous readiness and willingness to perform the contract, which was not established in this case as the plaintiff failed to provide evidence of having the requisite funds at the time of the contract. Consequently, the appeal was dismissed, reinforcing the necessity of proving readiness and willingness in specific performance cases.