MAN KAUR (DEAD) BY LRS. versus HARTAR SINGH SANGHA

MAN KAUR (DEAD) BY LRS. versus HARTAR SINGH SANGHA

The suit for specific performance must fail for want of compliance with Section 16(c) of the Specific Relief Act, 1963, as the plaintiff failed to personally prove his readiness and willingness to perform the contract, neither appearing nor deposing, and attorney-holder evidence lacked personal knowledge; the courts below ignored relevant evidence and drew adverse inference. Plaintiff committed breach and is not entitled to specific performance or refund of earnest money.

Parties
Appellant: Man Kaur (Dead) by LRs.; Respondent: Hartar Singh Sangha
Jurisdiction
India
Judgment Date
05 October 2010
Procedural Posture
Civil Appeal / Supreme Court Appeal From Decree for Specific Performance Set Aside
Outcome
Appeals allowed. Judgment and decree for specific performance set aside. Plaintiff's suit dismissed. Earnest money forfeited. No refund granted.
Legal Topics
Specific Performance, Readiness and Willingness, Attorney Holder Evidence
Specific Relief Contract Law Specific Performance Readiness and Willingness Attorney Holder Evidence

Case Brief

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Parties

Man Kaur (Dead) by LRs.

Appellant

Hartar Singh Sangha

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Decree for Specific Performance Set Aside

Legal Issues

  1. 1 Whether the plaintiff proved readiness and willingness to perform his part of the contract under Section 16(c) of the Specific Relief Act, 1963
  2. 2 Whether a suit for specific performance can be decreed when the plaintiff does not personally depose and attorney-holder lacks personal knowledge
  3. 3 When evidence by an attorney-holder is sufficient in a suit for specific performance

Ratio Decidendi

The suit for specific performance must fail for want of compliance with Section 16(c) of the Specific Relief Act, 1963, as the plaintiff failed to personally prove his readiness and willingness to perform the contract, neither appearing nor deposing, and attorney-holder evidence lacked personal knowledge; the courts below ignored relevant evidence and drew adverse inference. Plaintiff committed breach and is not entitled to specific performance or refund of earnest money.

Court Disposition

Appeals allowed. Judgment and decree for specific performance set aside. Plaintiff's suit dismissed. Earnest money forfeited. No refund granted.

Orders

  • Appeals allowed
  • Judgments of lower courts set aside