Supreme Court · 2006 INSC 30 · Decided 17 January 2006
MOST. Etwari Devi and ORS. v. MOST. Parvati Devi
- Court
- Supreme Court of India
- Citation
- 2006 INSC 30 · [2006] 1 S.C.R. 447
- Case number
- CIVIL APPEAL No. 1514/2000
- Decided
- 17 January 2006
- Bench
- ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act Section 16(C), 16(c)
Headnote
B 'y Specific Relief Act, 1963; Section. 16(C): Suit for specific performance of contract-Al/owed by Trial Court and c affirmed by first Appellate Court-Reversed by High Court on grounds that neither pleading nor evidence tendered by the plaintiff proved that he was ready and willing to perform and willingness to perform his part of the contract made by the plaintiff in the plaint-Plaintiff as prosecution witness ~ categorically stated that he went to the defendant to tender the consideration D ~ amount in fulfilment of his part of the contract but respondent was not willing \ to
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