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VIKRAM NATH, SANDEEP MEHTA
Subhash Aggarwal – Appellant
Versus
Mahender Pal Chhabra – Respondent
Based on the provided legal document, the key points are as follows:
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. The appellant is aggrieved by the final order passed by the Delhi High Court in RFA (OS) No. 12/2021 dated 03.09.2025 whereby the Court has set aside the decree of specific performance granted in favour of the appellant by the Single Judge. The appellant was the plaintiff before the Trial Court and respondents were defendants. For the sake of convenience, the parties shall be referred to in terms of their status before this Court.
3. The facts giving rise to the present appeal are as follows:
ii. The Trial Court by an order dated 15.02.2021 in CS(OS)/1765/2008 decreed the suit for specific performance, holding that the appellant had demonstrated readiness and willing
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Agreement to sell – Suit for specific performance – There is fine distinction between readiness and willingness to perform contract.
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
Agreement to Sell – Suit for Specific Performance – There is distinction between limitation and delay and laches.
In order to grant the relief of specific performance, the plaintiff must be always ready and willing to perform his part of the contract.
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
Readiness and willingness to perform a contract must coexist for enforcing specific performance under the Specific Relief Act; failure to prove financial capability negates entitlement to specific pe....
In specific performance cases, the plaintiff must continually demonstrate readiness and willingness to perform, and undue delay can prevent enforcement of contracts regardless of previous proceedings....
Specific performance can be granted despite a clause for penalty if the contract execution and readiness to perform are established.
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