AJAIB SINGH AND ORS. versus SMT. TULSI DEVI

AJAIB SINGH AND ORS. versus SMT. TULSI DEVI

The respondent-plaintiff failed to prove readiness and willingness to perform her contractual obligations, as evidenced by non-payment of sums due to the Government; accordingly, she is not entitled to a decree for specific performance for transfer of Block 67-A.

Parties
Appellants: Ajaib Singh and Ors.; Respondent: Smt. Tulsi Devi
Jurisdiction
India
Judgment Date
02 August 2000
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment Dated 27.4.93 in R.f.a. No. 123 of 1981
Outcome
Appeal allowed; portion of judgments granting transfer of Block 67-A set aside; respondent entitled only to transfer of Block 67-B.
Legal Topics
Specific Performance, Readiness and Willingness, Equitable Relief
Contract Law Equity Property Law Specific Performance Readiness and Willingness Equitable Relief

Case Brief

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Parties

Ajaib Singh and Ors.

Appellants

Smt. Tulsi Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment Dated 27.4.93 in R.f.a. No. 123 of 1981

Legal Issues

  1. 1 Whether the respondent-plaintiff proved readiness and willingness to perform her part under the agreement for purchase of property.
  2. 2 Whether the respondent-plaintiff is entitled to specific performance for transfer of property No. 67-A.

Ratio Decidendi

The respondent-plaintiff failed to prove readiness and willingness to perform her contractual obligations, as evidenced by non-payment of sums due to the Government; accordingly, she is not entitled to a decree for specific performance for transfer of Block 67-A.

Court Disposition

Appeal allowed; portion of judgments granting transfer of Block 67-A set aside; respondent entitled only to transfer of Block 67-B.

Orders

  • Judgment and decree of trial court and High Court granting specific performance for Block 67-A set aside.
  • Transfer of Block 67-B to respondent/plaintiff affirmed.