Supreme Court of India
P. D'souza v. Shondrilo Naidu
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
14 Supreme Court benches have cited this judgment.
What the Court ordered
For the reasons stated above, I am of the view that the appellant is entitled to the specific performance of agreement to sell the flat No. 71 on the 7th floor of Divya Prabha Building on the price mentioned in the agreement to sell which would be subject to the terms (iii), (iv), (v) and (vi) of the last paragraph E of the judgment of my learned Brother.
Judgment, page 16
From the headnote
Specific Relief Act, 1963: Section JO-Suit for specific performance of contract-Grant of Readiness and. willingness of plaintiff to perform his part of contract- Onus to prove-Held: plaintiff must establish the same-Discharge of onus depends upon facts and circumstance of each case-Furthermore, readiness and willingness of plaintiff to perform his part of contract also depends on whether defendant did eve1ything required of him to be done in terms of agreement-On facts, finding of fact of High Court on basis of materials on records that plaintiffe were always ready and willing to perform
Where later benches applied it
- 2010 M/s J.P. Builders & Anr. v. A. Ramadas Rao & Anr.
- 2023 T. D. Vivek Kumar & Anr v. Ranbir Chaudhary
- 2015 M/s. Construction & Design Services v. Delhi Development Authority
- 2012 Satya Jain (d) Thr. Lrs. & Ors. v. Anis Ahmed Rushdie (d) Tr.lrs. & Ors.
- 2011 H. Siddiqui (dead) by Lrs. v. A. Ramalingam
- 2025 K.S. Manjunath and Others v. Moorasavirappa @ Muttanna Chennappa Batil, Since Deceased by His Lrs and Other
- 2020 Ferrodous Estates (pvt.) Ltd. v. P. Gopirathnam (dead) & Ors.
- 2017 Kamal Kant Jain v. Surinder Singh (d) Thr. Lrs.
- 2014 Zarina Siddiqui v. A. Ramalingamalias R.amarnathan
- 2010 Man Kaur (dead) by Lrs. v. Hartar Singh Sangha
- 2008 Deepa Bhargava & Anr. v. Mahesh Bhargava & Ors.
- 2007 P.S. Ranakrishna Reddy v. M.K. Bhagyalakshmi and Anr.
- 2006 Jai Narain Parasrampuria (dead) and Ors. v. Pushpa Devi Saraf and Ors.
- 2004 Sargunam (d) by Lr. v. Chidambaram and Anr.
Of those, 1 relied on · 4 referred to · 9 mentioned
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