Supreme Court of India
M/s J.P. Builders & Anr. v. A. Ramadas Rao & Anr.
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.
7 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that in the peculiar circumstances referred to above, this is not a fit case for interference and that in exercise of our discretion under Article 136, - a discretion which continues with us even after the grant of special leave, - the decree passed by the High Court G dismissing the suit for possession need not be interfered with and the two rooms need not be demolished.
Judgment, page 50
From the headnote
Specific Relief Act, 1963: ' c s.16(c) - Suit for specific performance of contract - "Readiness and willingness" - Connotation of - HELD: Clause (c) of s.16 mandates that the person seeking specific performance must prove that he has performed or has been ready and willing to perform the essential terms of the contract 0 which are to be performed by him - It is a condition precedent for obtaining the relief - The onus is on the plaintiff - In the instant case, the plaintiff has proved his readiness and willingness to perform his part of obligation under the contract. Contract Act, 1872: ss.
Authorities it was built on
- 2008 Anathula Sudhakar v. P. Buchi Reddy (dead) by Lrs. & Ors.
- 2004 P. D'souza v. Shondrilo Naidu
- 1999 Therakhatoon (d) by Lrs. v. Slambin Mohammad
- 1995 N.P. Thirugnanam (d) by L.rs. v. Dr. R. Jagan Mohan Rao and Ors.
- 1956 A. M. Allison v. B. L. Sen
- 2003 Chandra Singh v. State of Rajasthan and Anr.
- 1960 Shri Balwantrai Chimanlal Trivedi v. M. N. Nagrashna and Others.
- 1963 Brahm Parkash v. Manbir Singh and Others
Where later benches applied it
- 2022 Shenbagam & Ors. v. Kk Rathinavel
- 2012 Satya Jain (d) Thr. Lrs. & Ors. v. Anis Ahmed Rushdie (d) Tr.lrs. & Ors.
- 2025 K.S. Manjunath and Others v. Moorasavirappa @ Muttanna Chennappa Batil, Since Deceased by His Lrs and Other
- 2025 Sangita Sinha v. Bhawana Bhardwaj and Ors.
- 2023 C. Haridasan v. Anappath Parakkattu Vasudeva Kurup & Others
- 2018 P. Meenakshisundaram v. P. Vijayakumar & Anr.
- 2013 Mrs. Aparna A. Shah v. M/s. Sheth Developers Pvt. Ltd. & Anr.
Of those, 2 relied on · 4 referred to · 1 not applicable
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