Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates
3 months, 2 weeks ago

Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates

Live Law  

The court further referred to various Supreme Court's decisions including Jagjit Singh Through LRs. The Allahabad High Court has reiterated that in a suit for Specific Performance, the party filing has to necessarily show that they are, or have been ready and willing to perform their part of the contract before pursuing such a direction. Thus, they filed a second appeal before the High Court, contending that the Trial Court had failed to frame an issue regarding readiness and willingness in terms of Section 16 of the Specific Relief Act, 1963. Findings The Court examined Section 16 of the Specific Reliefs Act, 1963 and held that a decree of specific performance cannot be passed without establishing that the person who prays for such a decree had performed or was always capable of performing their end of the contract. “The suit was filed after more than a year of the aforesaid notice dated 31.10.1984, therefore in view of the aforesaid discussions and law on the issue, it was incumbent upon the respondents to specifically state in the plaint that they have arranged the remaining money of sale consideration and ready to pay the same and prove it,” held the Court.

Performance Evidence Court Specific Performance Sale Held Ors Filed Kumar Perform Respondents Prove Specific Readiness Willingness  willingness  court  sale  filed  held  prove  performance  perform  respondents  readiness  party  evidence  specific  seeking  reiterates  high

History of this topic

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?
Trending News
2 months, 1 week ago

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?

Live Law  

The Supreme Court ruled that part performance of the contract under Section 12 of the Specific Relief Act, 1963 cannot be claimed when the unperformed portion is substantial and non-segregable, and the plaintiff neither relinquishes claims for the unperformed part or damages nor shows readiness to perform the contract. As per Section 12 of the SRA, for claiming a part …

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?
Trending News
2 months, 1 week ago

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?

Live Law  

The Supreme Court ruled that part performance of the contract under Section 12 of the Specific Relief Act, 1963 cannot be claimed when the unperformed portion is substantial and non-segregable, and the plaintiff neither relinquishes claims for the unperformed part or damages nor shows readiness to perform the contract. As per Section 12 of the SRA, for claiming a part …

Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court
9 months, 3 weeks ago

Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court

Live Law  

Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant …

Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court
9 months, 3 weeks ago

Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court

Live Law  

The Supreme Court held that wherein the plaintiff is required to prove his readiness and willingness to perform the contract, then the suit for specific performance of the contract cannot be decreed based on the deposition made by the plaintiff's power of attorney about the plaintiff's readiness and willingness to perform a contract.“We are of the view that in view …

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court
2 years, 7 months ago

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court

Live Law  

The Tripura High Court recently, while dealing with a matter pertaining to execution of a sale deed, observed that a remedy for specific performance is discretionary in nature and the power may not be exercised by the Court merely because it is lawful to do so. Section 20 of the Specific Relief Act specifically provides that the jurisdiction of the …

Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court
3 years, 2 months ago

Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court

Live Law  

The Supreme Court observed that the conduct of a plaintiff is very crucial in a suit for specific performance and the same has to be assessed by the Courts.In evaluating whether the plaintiff was ready and willing to perform his obligations under the contract, it is not only necessary to view whether he had the financial capacity to pay the …

Decree For Specific Performance Can't Be Obtained Behind The Back of A Bona-Fide Purchaser: Supreme Court
3 years, 2 months ago

Decree For Specific Performance Can't Be Obtained Behind The Back of A Bona-Fide Purchaser: Supreme Court

Live Law  

The Supreme Court has observed that a decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser especially when the transaction has taken place prior to the institution of the suit for specific performance. Sundresh, setting aside a judgment of the Madras High Court, observed: ".it is not possible for us …

Specific Performance - 'Readiness' & 'Willingness' Can't Be Proved For First Time Before HC Through Affidavit Without Amending Pleadings : Supreme Court
3 years, 5 months ago

Specific Performance - 'Readiness' & 'Willingness' Can't Be Proved For First Time Before HC Through Affidavit Without Amending Pleadings : Supreme Court

Live Law  

The Supreme Court has observed that if it is found on appreciation of evidence in a suit for performance that the plaintiff had no willingness to perform his part of the contract, then the plaintiff is not entitled to a decree of specific performance. ".for the purpose of passing a decree for specific performance, readiness and willingness has to be …

25 Important Decisions On Specific Performance Of Contract
4 years, 8 months ago

25 Important Decisions On Specific Performance Of Contract

Live Law  

Case 1: Plaintiff Seeking Temporary Injunction in Specific Performance Suit Has To Show Strong Prima Facie Case on Undisputed Facts: CASE DETAILS: TITLE: Ambalal Sarabhai Enterprise Ltd vs KS Infraspace LLP and another & Haryana Containers Ltd vs KS Infraspace LLP and another. CASE 9: Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To …

[Specific Performance] Plaintiff Has To Prove That He Has Means To Generate Consideration Amount: SC [Read Judgment]
5 years, 1 month ago

[Specific Performance] Plaintiff Has To Prove That He Has Means To Generate Consideration Amount: SC [Read Judgment]

Live Law  

The Supreme Court has observed that it is mandatory on the part of the plaintiff in a Specific Performance Suit to prove that he has the means to generate the consideration amount. The Trial Court had dismissed the suit by holding that the plaintiff had failed to prove that he was ready and willing to perform the contract. To adjudge …

Relief Of Specific Performance Can Be Refused For Non Performance Of An Essential Promise In Contract: SC [Read Judgment]
5 years, 6 months ago

Relief Of Specific Performance Can Be Refused For Non Performance Of An Essential Promise In Contract: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a vendee who does not perform one of the essential promises in a contract is not entitled to the discretionary relief of specific performance of that very contract.In the resisting the suit for specific performance, the defendant had raised the plea that since the plaintiff had admittedly failed to pay the rent of the …

Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: SC [Read Judgment]
6 years, 5 months ago

Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: SC [Read Judgment]

Live Law  

The Supreme Court, while restoring a trial court order that dismissed a suit for specific performance of contract, has reiterated that, in order to obtain a decree for specific performance, the plaintiff has to prove and establish his readiness and willingness to perform his part of the contract throughout.The trial court, in this case, had dismissed the suit for specific …

Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: SC [Read Judgment]
6 years, 5 months ago

Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: SC [Read Judgment]

Live Law  

The Supreme Court, while restoring a trial court order that dismissed a suit for specific performance of contract, has reiterated that, in order to obtain a decree for specific performance, the plaintiff has to prove and establish his readiness and willingness to perform his part of the contract throughout.The trial court, in this case, had dismissed the suit for specific …

High Court Rules on Specific Performance of Contract: Plaintiff Must Stick to Original Terms
7 years, 3 months ago

High Court Rules on Specific Performance of Contract: Plaintiff Must Stick to Original Terms

Live Law  

The High Court of Kerala has held that a plaintiff is entitled to specific performance of contract only if he sticks to the original terms of the contract. Any variance from the original terms, even if such variance is to the benefit of the defendant, will disentitle him from seeking the discretionary relief of specific performance.

Plaintiff Is Entitled To Specific Performance Of Contract Only If He Sticks To Original Terms Of Contract: Kerala HC [Read Judgment]
7 years, 3 months ago

Plaintiff Is Entitled To Specific Performance Of Contract Only If He Sticks To Original Terms Of Contract: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala has held that a plaintiff is entitled to specific performance of contract only if he sticks to the original terms of the contract. Any variance from the original terms, even if such variance is to the benefit of the defendant, will disentitle him from seeking the discretionary relief of specific performance. The court found that …

Discover Related