Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Shova Devi, Wife Of Late Dasrath Prasad Swarnkar. – Appellant
Versus
Sri Hasmukh Thacker, Son Of Late Ratilal Thacker – Respondent
JUDGMENT :
1. Heard the learned counsel appearing on behalf of the parties.
2. This Second Appeal has been filed against the Judgment dated 09.09.2015 (decree signed on 14.09.2015), by learned District Additional Sessions Judge-VIII, Dhanbad in Title Appeal No. 136 of 2012, whereby the Appeal has been allowed. The 1st Appellate Court has set aside the judgment dated 25.09.2012 (decree signed on 10.10.2012) passed by learned Civil Judge (Senior Division)-VI, Dhanbad in Title Suit No. 52 of 2005, whereby the learned Trial Court had dismissed the suit for specific performance of contract instituted by the plaintiff.
3. The following substantial questions of law have been framed for consideration :
a) Whether the contradictory interpretation of exhibit-1 by both the lower court below gives rise to a substantial question of law as one of the co-sharer is not a party to thus any such alienation by virtue of said agreement in question is not sustainable in the eyes of law?
b) Whether the failure of the plaintiff with cogent evidence to demonstrate his willingness to perform his part of the agreement with the defendants debars the plaintiff to have specific performance of contract as per Sectio
The court established that a plaintiff must demonstrate readiness and willingness to perform a contract for specific performance under Section 16(c) of the Specific Relief Act, 1963.
Continuous readiness and willingness to perform contractual obligations is a prerequisite for specific performance under the Specific Relief Act.
A plaintiff must prove both readiness and willingness to perform a contract for specific performance to be granted; failure to establish either element results in dismissal of the claim.
Agreement to Sell – Continuous willingness on part of plaintiff is condition precedent to grant relief of specific performance.
The court affirmed that a plaintiff's readiness and willingness to perform a contract must be evaluated based on conduct, and an assignment of rights does not negate the right to seek specific perfor....
A plaintiff must demonstrate readiness and willingness to perform contractual obligations for a decree of specific performance under the Specific Relief Act, which both lower courts adequately confir....
A plaintiff must demonstrate continuous readiness and willingness to perform a contract to obtain specific performance, and a court's discretion to grant such relief considers fairness and equity, no....
The court ruled that a decree for specific performance should be granted if the plaintiff consistently demonstrates readiness and willingness, irrespective of the phrasing in pleadings, provided that....
Plaintiff's entitlement to specific performance established by demonstrating continuous readiness and willingness under the Specific Relief Act, irrespective of delays or signature mismatches.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
