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september 2018

Supreme Court of India · 2018-09-13

Jagjit Singh (Dead) Through Lrs. vs Amarjit Singh

Citation / case number
AIRONLINE 2018 SC 171
Court
Supreme Court of India
Petitioner
Jagjit Singh (Dead) Through Lrs.
Respondent
Amarjit Singh
Author
Deepak Gupta
Bench
Deepak Gupta, Madan B. Lokur

Judgment text excerpt

The Supreme Court reiterated that under Section 16(c) of the Specific Relief Act, a plaintiff seeking specific performance must demonstrate continuous readiness and willingness to perform their part of the contract. The Court found that the High Court erred in overturning the lower appellate court's factual findings without substantial reasoning, particularly regarding the plaintiff's failure to prove readiness to perform from the date of the agreement until the suit was filed. Consequently, the Supreme Court upheld the dismissal of the plaintiff's suit for specific performance.

Jagjit Singh (Dead) Through Lrs. vs Amarjit Singh · Niyam