Supreme Court · 2003 INSC 177 · Decided 13 March 2003
Manjunath Anandappa URF. Shivappa Hanasi v. Tammanasa and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 177 · [2003] 2 S.C.R. 1068
- Case number
- CIVIL APPEAL No. 5662/1998
- Decided
- 13 March 2003
- Bench
- BRIJESH KUMAR, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act Section 16(c)
Headnote
Specific Relief Act, 1963; Section I 6(c) and Section 20: Suit for specific pe1formance of contract-Dismissed by Trial Court holding that the plaintiff C having not averred his readiness and willingness to perform his part of contract-Affirmed by the first appellate Court-Reversed by High Court in to execute a deed of sale nor tendered the balance amount in her favour wifhin the stipulated period-Thus, plaintiff had failed to aver and prove that he was ready and willing to perform his part of the contract- D Hence specific performance of the contract cannot be enforced in his favour
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