SHRI RAMESHWAR PRASAD (D) BY LRS, versus SHRI BASANTI LAL

SHRI RAMESHWAR PRASAD (D) BY LRS, versus SHRI BASANTI LAL

The High Court's conclusion that there was no specific plea regarding readiness and willingness to pay interest is contrary to the factual scenario; the plaintiff's categorical averment in the plaint satisfies Section 16(c) Specific Relief Act; the matter is remitted to the High Court for reconsideration of remaining issues.

Parties
Appellant: SHRI RAMESHWAR PRASAD (D) BY LRS; Respondent: SHRI BASANTI LAL
Jurisdiction
India
Judgment Date
07 April 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal disposed of; High Court judgment set aside; matter remitted to High Court for fresh consideration.
Legal Topics
Specific Performance, Readiness and Willingness, Payment of Interest, Section 16(c) Specific Relief Act
Contract Law Property Law Specific Performance Readiness and Willingness Payment of Interest Section 16(c) Specific Relief Act

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Parties

SHRI RAMESHWAR PRASAD (D) BY LRS

Appellant

SHRI BASANTI LAL

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether plaintiff pleaded and proved readiness and willingness to pay interest as required by Section 16(c) of the Specific Relief Act for specific performance of contract

Ratio Decidendi

The High Court's conclusion that there was no specific plea regarding readiness and willingness to pay interest is contrary to the factual scenario; the plaintiff's categorical averment in the plaint satisfies Section 16(c) Specific Relief Act; the matter is remitted to the High Court for reconsideration of remaining issues.

Court Disposition

Appeal disposed of; High Court judgment set aside; matter remitted to High Court for fresh consideration.

Orders

  • Impugned High Court judgment stands nullified by Supreme Court judgment.
  • Matter remitted to High Court to decide afresh in accordance with law.