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september 2019

Supreme Court of India · 2019-09-12

Bhavyanath Represented By Power Of ... vs K.V. Balan (Dead) Through Lrs.

Citation / case number
AIRONLINE 2019 SC 1104
Court
Supreme Court of India
Petitioner
Bhavyanath Represented By Power Of ...
Respondent
K.V. Balan (Dead) Through Lrs.
Author
K.M. Joseph
Bench
K.M. Joseph, Ashok Bhushan

Judgment text excerpt

The Supreme Court held that in a suit for specific performance under the Specific Relief Act, 1963, the essential elements of a valid contract must be established, including readiness and willingness to perform the contract as per Section 16(c). The Court found that the plaintiff had demonstrated continuous readiness to perform his part of the agreement, and the defendant's failure to provide original title documents constituted a breach. The Court reversed the High Court's dismissal of the trial court's decree for specific performance, thereby upholding the plaintiff's claim.

Bhavyanath Represented By Power Of ... vs K.V. Balan (Dead) Through Lrs. · Niyam