Supreme Court · 2004 INSC 408 · Decided 28 July 2004
P. D'souza v. Shondrilo Naidu
- Court
- Supreme Court of India
- Citation
- 2004 INSC 408 · [2004] SUPP. 3 S.C.R. 186
- Case number
- CIVIL APPEAL No. 5333/1999
- Decided
- 28 July 2004
- Bench
- S.B. SINHA, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Contract Act Section 20(2); Specific Relief Act Section 20
Headnote
Specific Relief Act, 1963: Section JO-Suit for specific performance of contract-Grant of­ Readiness and. willingness of plaintiff to perform his part of contract- C Onus to prove-Held: plaintiff must establish the same-Discharge of onus depends upon facts and circumstance of each required of him to be done in terms of agreement-On facts, finding of fact of High Court on basis of materials on records that plaintiffe were always ready and willing to perform their D part of contract-On arriving at the said finding High Court had not taken into consideration any
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