Case Law

If the date is fixed for performance of the agreement, then non-compliance with the agreement on the date would give a cause of action to file suit for specific performance within three years from the date so fixed. The crux of the Supreme Court’s judgement has been given below. Rathnavathi v....

The proper form of decree is to direct specific performance of the contract between the vendor and the prior transferee and direct the subsequent transferee to join in the conveyance so as to pass on the title which resides in him to the prior transferee. He does not join in any special covenants...

The necessary parties in a suit for specific performance of a contract for sale are the parties to the contract or if they are dead, their legal representatives as also a person who had purchased the contracted property from the vendor. The crux of the Supreme Court’s judgment has been given...

In the absence of a prayer for declaration the decree for specific performance of contract and permanent injunction would fail. The crux of the Supreme Court’s judgment has been given below. I.S. Sikandar v. K. Subramani As could be seen from the prayer sought for in the original suit, the...

Readiness and willingness has been the subject-matter of interpretation. The crux of the Supreme Court’s judgment has been given below. A. Kanthamani v. Nasreen Ahmed The expression “readiness and willingness” has been the subject-matter of interpretation in many cases even prior to its insertion...

It is settled law that even in the absence of specific plea by the opposite party, it is the mandate of the statute that the plaintiff has to comply with Section 16(c) of the Specific Relief Act. The crux of the Supreme Court’s judgment has been given below. J.P.Builders v. A. Ramadas Rao It is...

The crux of the Supreme Court's judgment has been given below. Vijay Kumar v. Om Parkash In order to obtain a decree for specific performance, the plaintiff has to prove his readiness and willingness to perform his part of the contract and the readiness and willingness has to be shown through out...

The person who wants specifil performance of contrat must prove his rediness and willness to perform his part under the contract at all times. The crux of the Supreme Court's judgment has been given below. Gomathinayagam Pillai v. Palaniswami Nadar But the respondent has claimed a decree for...

It is mandatorily required under Section 16(c) of the Specific Relief Act that parties are still ready and willing to perform their part as mentioned in the contract. Their willingness must be reflected from their conduct. The crux of the Supreme Court's judgment has been given below. Umabai v....

Specific performance of a contract cannot be enforced in favor to the person who fails to prove that he has already performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him. The crux of the Supreme Court has been given below....

The question raised in these appeals is with particular reference to Section 43B Explanation 3C of the Income Tax Act, 1961. On 28th November, 1996, the Appellant filed a return of income declaring a loss of Rs.1,03,18,572/- for the assessment year 1996-1997. In the return filed by it, the...