Supreme Court of India · 2019-02-15
Mehboob-Ur-Rehman (Dead) Through Lrs. vs Ahsanul Ghani
- Citation / case number
- AIR 2019 SUPREME COURT 1178
- Court
- Supreme Court of India
- Petitioner
- Mehboob-Ur-Rehman (Dead) Through Lrs.
- Respondent
- Ahsanul Ghani
- Author
- Dinesh Maheshwari
- Bench
- Abhay Manohar Sapre, Dinesh Maheshwari
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellant's suit for specific performance of an agreement to sell under the Urban Land (Ceiling and Regulation) Act, 1976, emphasizing that the plaintiff failed to demonstrate continuous readiness and willingness to perform his contractual obligations as required by law. The Court reiterated that under Section 16(c) of the Specific Relief Act, 1963, a plaintiff must prove such readiness to succeed in a suit for specific performance. The appeal was dismissed, affirming the lower courts' decisions that the plaintiff's claims were not substantiated.