B. VIJAYA BHARATHI versus P. SAVITRI & ORS.

B. VIJAYA BHARATHI versus P. SAVITRI & ORS.

Plaintiff cannot be said to be ready and willing throughout to perform her part of the agreement as required under Section 16(c) of the Specific Relief Act, 1963. Plaintiff's inaction for nearly two years after repudiation and failure to seek cancellation of subsequent conveyances bars specific performance. The suit must be dismissed for lack of readiness and willingness.

Parties
Appellant: B. Vijaya Bharathi; Respondent No.1: P. Savitri; Respondent No.2: Defendant No.2; Respondent No.3: Defendant No.3
Jurisdiction
India
Judgment Date
10 August 2017
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Readiness and Willingness, Bar Under Section 16(c) Specific Relief Act
Property Law Contract Law Specific Performance Readiness and Willingness Bar Under Section 16(c) Specific Relief Act

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Parties

B. Vijaya Bharathi

Appellant

P. Savitri

Respondent No.1

Defendant No.2

Respondent No.2

Defendant No.3

Respondent No.3

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether plaintiff was ready and willing throughout as required under Section 16(c) of the Specific Relief Act, 1963.
  2. 2 Whether specific performance can be granted despite two subsequent conveyances of the property.

Ratio Decidendi

Plaintiff cannot be said to be ready and willing throughout to perform her part of the agreement as required under Section 16(c) of the Specific Relief Act, 1963. Plaintiff's inaction for nearly two years after repudiation and failure to seek cancellation of subsequent conveyances bars specific performance. The suit must be dismissed for lack of readiness and willingness.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.