MOST. ETWARI DEVI AND ORS. versus MOST. PARVATI DEVI

MOST. ETWARI DEVI AND ORS. versus MOST. PARVATI DEVI

The findings of the High Court are contrary to the materials on record; specific averments and evidence regarding plaintiff's readiness and willingness were made; deposit of consideration was done within time stipulated by Trial Court; absence of contrary plea by defendant; High Court's reliance on oral submission without granting opportunity was improper; original decrees granting specific performance are restored.

Parties
Appellants: Most. Etwari Devi and Ors.; Respondent: Most. Parvati Devi
Jurisdiction
India
Judgment Date
17 January 2006
Procedural Posture
Civil Appeal / Supreme Court Appeal From Patna High Court (second Appeal)
Outcome
Appeal allowed; impugned judgment of the High Court set aside.
Legal Topics
Specific Performance, Readiness and Willingness, Section 16(c) Specific Relief Act
Contract Law Property Law Specific Performance Readiness and Willingness Section 16(c) Specific Relief Act

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Parties

Most. Etwari Devi and Ors.

Appellants

Most. Parvati Devi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Patna High Court (second Appeal)

Legal Issues

  1. 1 Whether plaintiff proved readiness and willingness to perform his part under the contract as required by Section 16(c) of Specific Relief Act
  2. 2 Whether the High Court was correct in reversing lower courts' decrees for specific performance without proper consideration of pleadings and evidence

Ratio Decidendi

The findings of the High Court are contrary to the materials on record; specific averments and evidence regarding plaintiff's readiness and willingness were made; deposit of consideration was done within time stipulated by Trial Court; absence of contrary plea by defendant; High Court's reliance on oral submission without granting opportunity was improper; original decrees granting specific performance are restored.

Court Disposition

Appeal allowed; impugned judgment of the High Court set aside.

Orders

  • Judgment and decree of Trial Court and first Appellate Court restored.
  • No order as to costs.