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JASPREET SINGH
Ramzan Ali – Appellant
Versus
Altafur Rahman – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Sri Shyam Mohan, learned counsel for the appellants and Sri Mohd. Arif Khan, learned senior counsel along with Sri Mohd. Aslam Khan, learned counsel for the respondent.
2. This is the defendants' second appeal under section 100 CPC preferred against the judgement and decree dated 28.05.1984 passed by the Sixth Additional District Judge, Lucknow in Regular Civil Appeal No.67/1983 by which the plaintiff's first appeal was allowed as a result a suit for specific performance of contract, which was dismissed by the trial court, was decreed by the lower appellate court.
3. The appeal came to be admitted by this Court on 22.08.1984 but no substantial question of law was formulated. Later on 24.11.2021, this Court after hearing the learned counsel for the parties formulated the following three substantial questions of law, which read as under:-
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....
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
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.
The court affirmed that a plaintiff must demonstrate continuous readiness and willingness to perform a contract to be entitled to specific performance of the agreement; otherwise, claims may be dismi....
Time is of the essence of a contract if the parties have agreed that it is or if the circumstances of the case show that it is.
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