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GUJARAT HIGH COURT
A, J
Rajya Tulsibhai Patel v. Benar Enterprise and Others
| Table of Content |
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| 1. plaintiff's claim of specific performance based on contractual arrangement. (Para 1 , 2) |
| 2. arguments regarding rejection due to failure to state readiness. (Para 3) |
| 3. court’s interpretation and emphasis on substantial compliance over strict adherence to statutory language. (Para 4 , 5 , 6 , 7 , 8) |
| 4. court allowed appeal based on substantial compliance with statutory requirements. (Para 9) |
1. The appellant - plaintiff filed a Suit No. 238 of 1984 in the City Civil Court, Ahmedabad, for specific performance of the contract dated 15th Dec., 1980 and in the alternative for damages occasioned on account of breach of contract. The case set up in the plaint was that the first defendant, Messrs Banner Enterprise, a partnership firm, had floated a scheme for the construction and sale of industrial sheds on Final Plot No. 10 - E of Rakhial Town Planning Scheme No. 10. The plaintiff met the organisers of the scheme and after knowing the terms and conditions thereof, booked Shed No. 1 admeasuring 50 sq. yards for a price of Rs. 50,000/-, 70 per cent whereof was to be met through a loan to be arranged by the defendants. Accordingly, out of the total price of Rs. 50,000/-, a su
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