SUKHBIR SINGH AND ORS. versus BRIJ PAL SINGH AND ORS.

SUKHBIR SINGH AND ORS. versus BRIJ PAL SINGH AND ORS.

Pleadings and evidence of readiness and willingness to perform contract were sufficient; the procedural requirement of pleading possession of ready money is not absolute. The facts established by attendance before Sub-Registrar proved the respondents’ readiness and capability to perform their part. The courts below exercised discretion properly in granting specific performance.

Parties
Petitioner: Sukhbir Singh and Ors.; Respondent: Brij Pal Singh and Ors.
Jurisdiction
India
Judgment Date
10 May 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order on SLP
Outcome
Special Leave Petition dismissed
Legal Topics
Specific Performance, Pleadings Under Specific Relief Act, Readiness and Willingness Under Section 16(1)(c)
Specific Relief Civil Procedure Specific Performance Pleadings Under Specific Relief Act Readiness and Willingness Under Section 16(1)(c)

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Parties

Sukhbir Singh and Ors.

Petitioner

Brij Pal Singh and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order on SLP

Legal Issues

  1. 1 Whether the plaintiffs sufficiently pleaded readiness and willingness to perform their part under Section 16(1)(c) of Specific Relief Act, 1963
  2. 2 Whether compliance with Forms 47 and 48 of Appendix AA (Allahabad High Court amendment) was required and fulfilled

Ratio Decidendi

Pleadings and evidence of readiness and willingness to perform contract were sufficient; the procedural requirement of pleading possession of ready money is not absolute. The facts established by attendance before Sub-Registrar proved the respondents’ readiness and capability to perform their part. The courts below exercised discretion properly in granting specific performance.

Court Disposition

Special Leave Petition dismissed

Orders

  • Petition dismissed; relief granted by lower courts stands upheld.