Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Reliefs Act agreement to sell |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Reliefs Act, 1963: Sections 9, 16 (c) and Section 21-Agreement to sell entered between the plaintiff and the defendant-Two-third payment made at the time of entering into the agreement-Balance one-third to be paid at the time of execution of the sale deed-Defendant avoided acceptance of balance payment and execution of sale deed-Plaintiff sent three legal notices followed by a suit for specific performance and compensation in the alternative-Suit decreed for specific performance in favour of the plaintiff appeal, High Court set aside the decree for specific relief granting a decree for compensation on the ground of delay in filing the suit; lack of readiness and willingness of the plaintiff to perform the contract and claim of compensation in the alternative-On appeal, Held: Ground of delay cannot be invoked as the last legal notice was sent to the defendant after around 21 months and suit was filed after 9 months only i.e. not more than a year-Averment of readiness and willingness in the plaint is not a mathematical formula and need not be in specific words-Paras 6 and 11 of the plaint clearly indicated readiness and willingness of the plaintiff-Plaintiffs having parted with two-thirds of the consideration is evident of the fact that he would part with the balance one-third also-Mere claim of damages in alternative cannot bar the main relief. |
Judge | Hon'ble Mr. Justice Syed Jaffer Imam |
Neutral Citation | 2000 INSC 343 |
Petitioner | Motilal Jain |
Respondent | Smt. Ramdasi Devi And Ors. |
SCR | [2000] Supp. (1) S.C.R. 615 |
Judgement Date | 2000-07-20 |
Case Number | 4315 |
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