Supreme Court · 2006 INSC 244 · Decided 25 April 2006
MST. Sugani v. Rameshwar Das and ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 244 · [2006] SUPP. 1 S.C.R. 235
- Case number
- CIVIL APPEAL No. 3465/2000
- Decided
- 25 April 2006
- Bench
- ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Specific Relief Act Section 16(c)
Headnote
B Specific Relief Act, 1963; Section 16(c)-Specific performance of contract-Decree for-Held, the person seeking the relief is mandated to aver in the plaint and establish C by evidence that he has always been ready and willing to perform his part of the contract. Code of Civil Procedure, 1908; to sell was executed between the appellant herein and defendant No. I in the suit in respect of !he suit property for a sum of Rs. 7,000 on 13.12.1975. Out of the said sum, Rs. 5,000 was paid as earnest money E on the date of agreement and the balance was payable on the date of the sale.
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