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november 2024

Supreme Court of India · 2024-11-28

R. Shama Naik vs G. Srinivasiah

Citation / case number
2024 INSC 927
Court
Supreme Court of India
Petitioner
R. Shama Naik
Respondent
G. Srinivasiah

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the trial court's decree for specific performance, citing Section 16(C) of the Specific Relief Act, 1963, which requires a plaintiff to demonstrate both readiness and willingness to perform the contract. The Court emphasized that the plaintiff must provide specific averments and evidence of financial capacity to fulfill the contract terms. The finding that the plaintiff failed to establish readiness and willingness was deemed a factual determination, warranting no interference by the Supreme Court.

R. Shama Naik vs G. Srinivasiah · Niyam