Supreme Court · 2022 INSC 714 · Decided 12 July 2022
U.N. Krishnamurthy (Since Deceased) THR. LRS. v. A. M. Krishnamurthy
- Court
- Supreme Court of India
- Citation
- 2022 INSC 714 · [2022] 13 S.C.R. 250
- Case number
- CIVIL APPEAL No. 4703/2022
- Decided
- 12 July 2022
- Bench
- INDIRA BANERJEE, HRISHIKESH ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 16, 16(c)
Headnote
Specific Relief Act, 1963 - s.16 (prior to amendment w.e.f 1.10.2018) - Readiness and willingness to perform - Both ingredients necessary for the relief of specific performance - Suit for specific performance of an agreement for sale - failure to pay balance within stipulated time - Grant of relief - Not justified - Held: There is a distinction between readiness and willingness to perform the contract and both ingredients are necessary for the relief of Specific Performance - Plaintiff has to prove
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