BAL KRISHNA AND ANR. versus BHAGWAN DAS (DEAD) AND ORS .
The plaintiffs failed to plead and prove their readiness and willingness to perform their part by paying Rs.25,000/- as required by the reconveyance agreement. Therefore, they were not entitled to a decree for specific performance under Section 16(c) of the Specific Relief Act, 1963.
- Parties
- Appellant: Bal Krishna; Respondent: Bhagwan Das (Dead) and Ors.
- Jurisdiction
- India
- Judgment Date
- 25 March 2008
- Procedural Posture
- Civil Appeal / Appeal From Judgment and Order of the High Court of Madhya Pradesh, Bench at Indore, Dismissing Suit for Specific Performance
- Outcome
- Appeal dismissed
- Legal Topics
- Specific Performance, Readiness and Willingness, Discretion of Court, Reconveyance, Equitable Relief
Case Brief
Summary, issues, holding and outcome
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Parties
Bal Krishna
Appellant
Bhagwan Das (Dead) and Ors.
Respondent
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the High Court of Madhya Pradesh, Bench at Indore, Dismissing Suit for Specific Performance
Legal Issues
- 1 Whether the plaintiffs were always ready and willing to perform their part of the contract under Section 16(c) of the Specific Relief Act, 1963
- 2 Whether the plaintiffs made out a case for specific performance of contract of reconveyance
Ratio Decidendi
The plaintiffs failed to plead and prove their readiness and willingness to perform their part by paying Rs.25,000/- as required by the reconveyance agreement. Therefore, they were not entitled to a decree for specific performance under Section 16(c) of the Specific Relief Act, 1963.
Court Disposition
Appeal dismissed
Orders
- No order as to costs
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