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.