FAQUIR CHAND AND ANR. versus SUDESH KUMARI

FAQUIR CHAND AND ANR. versus SUDESH KUMARI

The respondent's continuous readiness and willingness to perform his part under the sale agreement is established from his conduct. The decree for specific performance is justified and upheld, subject to payment of compensation to the appellant due to some delay attributable to the respondent.

Parties
Appellant: F Aquir Chand; Respondent: Sudesh Kumari
Jurisdiction
India
Judgment Date
21 September 2006
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Final Order Dated 17.2.2003 in R.s.a. No. 408/2003
Outcome
Appeal disposed; decree for specific performance upheld subject to compensation
Legal Topics
Specific Performance, Readiness and Willingness, Compensation
Property Law Contract Law Specific Performance Readiness and Willingness Compensation

Case Brief

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Parties

F Aquir Chand

Appellant

Sudesh Kumari

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Final Order Dated 17.2.2003 in R.s.a. No. 408/2003

Legal Issues

  1. 1 Whether the respondent was ever ready and willing to perform his part of the obligation under the agreement of sale as required under Section 16(c) of the Specific Relief Act, 1963
  2. 2 Whether compensation is due to the appellant for delay attributable to the respondent

Ratio Decidendi

The respondent's continuous readiness and willingness to perform his part under the sale agreement is established from his conduct. The decree for specific performance is justified and upheld, subject to payment of compensation to the appellant due to some delay attributable to the respondent.

Court Disposition

Appeal disposed; decree for specific performance upheld subject to compensation

Orders

  • Respondent must pay appellant Rs. 1,00,000 within three months; failing which, suit for specific performance stands dismissed automatically.
  • If amount paid within stipulated time, appellant shall execute the sale deed in favour of respondent without further delay.