Supreme Court of India
Telikicherla Sesibhushan (dead) by Lrs. v. Kalli Raja Rao (dead) by Lrs. & Ors.
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What the Court ordered
In the result, A.S. 2052 of 1996 is dismissed confirming the decree and judgment in O.S. 37of1985 of the trial Court.
Judgment, page 6
From the headnote
SPECIFIC PERFORMANCE : Suit for specific performance - Clause 16(c) of the Specific Relief Act, 1963 provides that specific performance of contract cannot be enforced in favour of a person who fails to aver and prove that he has 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 those terms, the performance of which has been prevented or waived by the defendant - In the instant case, there was concurrent finding of fact against the appellant by both the courts below that the appellant failed to prove that
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