RAM AWADH (DEAD) BY LRS. AND ORS. versus ACHHAIBAR DUBEY AND ANR.

RAM AWADH (DEAD) BY LRS. AND ORS. versus ACHHAIBAR DUBEY AND ANR.

The obligation imposed by Section 16(c) of the Specific Relief Act, 1963 is upon the court, not to grant relief of specific performance to a plaintiff who has failed to aver and prove readiness and willingness to perform their part. This plea is available to any defendant, including subsequent purchasers and their legal representatives. The decision in Jugraj Singh's case restricting this plea to the vendor/defendant was erroneous.

Parties
Appellant: Ram Awadh (Dead) by LRs. and Ors.; Respondent: Achhaibar Dubey and Anr.
Jurisdiction
India
Judgment Date
01 February 2000
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment and Order Dated 25.2.97 in S.a. No. 72 of 1996
Outcome
appeal allowed
Legal Topics
Specific Performance, Pleadings, Readiness and Willingness, Section 16(c) Specific Relief Act
Specific Relief Specific Performance Pleadings Readiness and Willingness Section 16(c) Specific Relief Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Ram Awadh (Dead) by LRs. and Ors.

Appellant

Achhaibar Dubey and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment and Order Dated 25.2.97 in S.a. No. 72 of 1996

Legal Issues

  1. 1 Whether the mandatory requirement under Section 16(c) of Specific Relief Act to aver and prove readiness and willingness can be contended by subsequent purchasers or their legal representatives
  2. 2 Whether judgments and orders of lower courts were correct in restricting this plea to only the vendor or his legal representatives

Ratio Decidendi

The obligation imposed by Section 16(c) of the Specific Relief Act, 1963 is upon the court, not to grant relief of specific performance to a plaintiff who has failed to aver and prove readiness and willingness to perform their part. This plea is available to any defendant, including subsequent purchasers and their legal representatives. The decision in Jugraj Singh's case restricting this plea to the vendor/defendant was erroneous.

Court Disposition

appeal allowed

Orders

  • Judgments and orders of courts below set aside
  • Suit remanded to trial court for decision on whether plaintiff and her legal representatives proved performance or readiness and willingness to perform terms of the agreement