Supreme Court · 2014 INSC 610 · Decided 8 September 2014
Telikicherla Sesibhushan (Dead) BY LRS. v. Kalli Raja Rao (Dead) BY LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 610 · [2014] 7 S.C.R. 688
- Case number
- CIVIL APPEAL No. 6071/2007
- Decided
- 8 September 2014
- Bench
- S. J. MUKHOPADHAYA, PRAFULLA C. PANT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 16(c)
Headnote
SPECIFIC PERFORMANCE : Suit for specific C performance - Clause 16(c) of the Specific Relief Act, 1963 provides that specific performance of contract cannot be enforced in favour of a person who fails to aver and prove that he has performed or has always to perform the essential terms of the contract which are to be D performed by him, other than those terms, the performance of which has been prevented or waived by the defendant - In the instant case, there was concurrent finding of fact against the appellant by both the courts below that the
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