Supreme Court · 2010 INSC 799 · Decided 22 November 2010

M/S J.P. Builders & ANR. v. A. Ramadas Rao & ANR.

Court
Supreme Court of India
Citation
2010 INSC 799 · [2010] 15 S.C.R. 538
Case number
CIVIL APPEAL No. 9821/2010
Decided
22 November 2010
Bench
P. SATHASIVAM, ANIL R. DAVE (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 35; Constitution; Contract Act Section 31, 32; Transfer of Property Act Section 56; Specific Relief Act

Headnote

Specific Relief Act, 1963: ' c s.16(c) - Suit for specific performance of contract - "Readiness and willingness" - Connotation of - HELD: Clause (c) of s.16 mandates that the person seeking specific performance must prove that he has performed or has been ready and willing to perform the contract 0 which are to be performed by him - It is a condition precedent for obtaining the relief - The onus is on the plaintiff - In the instant case, the plaintiff has proved his readiness and willingness to perform his part of obligation under the contract. E Contract Act, 1872: ss. 31 and 32

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