MOTILAL JAIN versus SMT. RAMDASI DEVI AND ORS.

MOTILAL JAIN versus SMT. RAMDASI DEVI AND ORS.

Delay in filing suit was within limitation and did not affect rights; readiness and willingness sufficiently pleaded and evidenced; claim of damages in alternative does not bar specific performance; trial court decree for specific performance restored.

Parties
Plaintiff/appellant: Motilal Jain; Defendant/respondents: Smt. Ramdasi Devi and Ors. (legal representatives of Ambika Prasad Ram)
Jurisdiction
India
Judgment Date
20 July 2000
Procedural Posture
Civil Appeal / Final Appeal (supreme Court), by Special Leave
Outcome
Appeal allowed; High Court judgment set aside; trial court decree for specific performance restored.
Legal Topics
Specific Performance, Readiness and Willingness, Delay in Suit, Alternative Relief/compensation
Contract Law Property Law Civil Procedure Specific Performance Readiness and Willingness Delay in Suit Alternative Relief/compensation

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Parties

Motilal Jain

Plaintiff/appellant

Smt. Ramdasi Devi and Ors. (legal representatives of Ambika Prasad Ram)

Defendant/respondents

Procedural Posture

Civil Appeal / Final Appeal (supreme Court), by Special Leave

Legal Issues

  1. 1 Whether delay in filing the suit justified denial of specific performance
  2. 2 Whether plaint indicated readiness and willingness under Section 16(c), Specific Relief Act
  3. 3 Whether claim of damages in alternative bars specific performance

Ratio Decidendi

Delay in filing suit was within limitation and did not affect rights; readiness and willingness sufficiently pleaded and evidenced; claim of damages in alternative does not bar specific performance; trial court decree for specific performance restored.

Court Disposition

Appeal allowed; High Court judgment set aside; trial court decree for specific performance restored.

Orders

  • Legal representatives of defendant/respondents to execute sale deed in favour of plaintiff within three months.
  • Plaintiff entitled to receive cost from defendants/respondents.