Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific performance Agreement equitable relief |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act, 1963: Section 16(c).Specific performance-Agreement-Obligation under-Readiness and willingness to perform-Agreement provided (i) for purchase of a part of property by plaintiff for a certain sum; (ii) ownership of this part to be transferred to plaintiff on her paying full price to Government-Plaintiff failed to make the payment as stipulated-Held, Plaintiff has not proved her readiness and willingness to perform her part of the obligation under the agreement-The fact that Government did not cancel the allotment would not have any bearing on the factum of the plaintiff not having performed her obligation under the agreement-Hence, plaintiff not entitled to a decree for specific performance. Equity-Equitable relief-Entitlement-Plaintiff made averments as are convenient to her without any regard for the truth-Held, such a conduct would preclude the plaintiff from getting an equitable relief. |
Judge | Hon'ble Mr. Justice S.N. Variava |
Neutral Citation | 2000 INSC 372 |
Petitioner | Ajaib Singh And Ors. |
Respondent | Smt. Tulsi Devi |
SCR | [2000] Supp. (2) S.C.R. 98 |
Judgement Date | 2000-08-02 |
Case Number | 11941 |
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