Home | Legal Advice | Case Law | Mehboob-ur-Rehman v. Ahsanul Ghani 2019

Mehboob-ur-Rehman v. Ahsanul Ghani 2019

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 crux of the Supreme Court’s judgment has been given below.

Mehboob-ur-Rehman v. Ahsanul Ghani

Though, with the amendment of the Specific Relief Act, 1963 by Act  18 of 2018, the expression “who fails to aver and prove” is substituted by the expression “who fails to prove” and the expression “must aver” stands substituted by the expression “must prove” but then, the position on all the material aspects remains the same that, 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, other than the terms of which, the performance has been prevented or waived by the other party.

Mehboob-ur-Rehman v. Ahsanul Ghani 2019 SCC OnLine SC 203 

His readiness and willingness must be present at all times instead of till the filing of plaint.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54