JUGRAJ SINGH AND ANR. versus LABH SINGH AND ORS.

JUGRAJ SINGH AND ANR. versus LABH SINGH AND ORS.

The plea under Section 16(c) regarding the plaintiff's readiness and willingness is available only to the vendor or his legal representatives and not to subsequent purchasers. The High Court was correct in rejecting petitioners' contention.

Parties
Petitioner: Jugraj Singh; Petitioner: Another petitioner; Respondent: Labh Singh; Respondent: Surinder Singh; Respondent: Jasbir Singh
Jurisdiction
India
Judgment Date
28 November 1994
Procedural Posture
Special Leave Petition (civil) / Final Order on SLP
Outcome
Petition dismissed
Legal Topics
Readiness and Willingness Under Section 16(c), Specific Performance, Rights of Subsequent Purchasers
Specific Relief Readiness and Willingness Under Section 16(c) Specific Performance Rights of Subsequent Purchasers

Case Brief

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Parties

Jugraj Singh

Petitioner

Another petitioner

Petitioner

Labh Singh

Respondent

Surinder Singh

Respondent

Jasbir Singh

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Order on SLP

Legal Issues

  1. 1 Whether subsequent purchasers can raise the plea that plaintiff was not ready and willing under Section 16(c) of the Specific Relief Act, 1963
  2. 2 Whether plaintiff was ready and willing to perform his part of the contract

Ratio Decidendi

The plea under Section 16(c) regarding the plaintiff's readiness and willingness is available only to the vendor or his legal representatives and not to subsequent purchasers. The High Court was correct in rejecting petitioners' contention.

Court Disposition

Petition dismissed

Orders

  • SLP dismissed