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Supreme Court of India 2019-01-07 dismissed

KAMAL KUMAR vs PREMLATA JOSHI

Bench: 2 — Abhay Manohar Sapre, Indu Malhotra

In Brief

The appellant sought specific performance of a land purchase contract against the respondents. The trial court and high court both dismissed his suit. The Supreme Court upheld this dismissal, holding that specific performance is a discretionary equitable relief requiring the plaintiff to prove he is ready and willing to perform his contractual obligations. The courts below found on evidence that the appellant failed to prove such readiness and willingness. Since both lower courts reached concurrent findings on this crucial factual issue, the Supreme Court declined to re-examine the evidence and dismissed the appeal.

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Specific Relief Specific Performance Contract Equitable Relief Civil Procedure Evidence

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