Supreme Court · 2019 INSC 16 · Decided 7 January 2019
Kamal Kumar v. Premlata Joshi & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 16 · [2019] 1 S.C.R. 54
- Case number
- CIVIL APPEAL No. 4453/2009
- Decided
- 7 January 2019
- Bench
- ABHAY MANOHAR SAPRE, INDU MALHOTRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Specific Relief Act Section 16(c), 20, 21, 22, 23
Headnote
Constitution of India - Art.136 - Scope of interference - Concurrent findings of fact by lower courts - Held: The concurrent findings of facts recorded by the two Courts below on all the material issues are binding on Supreme Court when there is no perversity or illegality In the instant case, suit for specific performance of contract was filed in relation to the suit land - Courts below held that the plaintiff failed to prove his readiness and willingness to perform his part of the contract - The issue of readiness and willingness, is the most
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