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march 2019

Supreme Court of India · 2019-03-01

THE GOVT. OF INDIA vs P. VENKATESH

Citation / case number
SC 2017/2128
Court
Supreme Court of India
Petitioner
THE GOVT. OF INDIA
Respondent
P. VENKATESH
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 25 of the Specific Relief Act, emphasizing that specific performance of a contract can be enforced only when the terms are clear and unambiguous. The Court held that mere non-performance does not automatically entitle a party to seek specific performance unless they demonstrate readiness and willingness to perform their part of the contract. The judgment clarified that the burden of proof lies on the party seeking specific performance to establish their case satisfactorily.

THE GOVT. OF INDIA vs P. VENKATESH · Niyam