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(2024) Law Today Live Doc. Id. 19353 = 2024 INSC 533
Decided on: 15.07.2024
Specific Relief Act, 1963 (47 of 1963), Section 16 -- Specific performance of contract -- Relief of specific performance of contract is a discretionary relief -- As such, the Courts while exercising power to grant specific performance of contract, need to be extra careful and cautious in dealing with the pleadings and the evidence in particular led by the plaintiffs -- The plaintiffs have to stand on their own legs to establish that they have made out case for grant of relief of specific performance of contract -- The Act, 1963 provides certain checks and balances which must be fulfilled and established by the plaintiffs before they can become entitled for such a relief -- The pleadings in a suit for specific performance have to be very direct, specific and accurate -- A suit for specific performance based on bald and vague pleadings must necessarily be rejected -- Section 16(C) of the 1963 Act requires readiness and willingness to be pleaded and proved by the plaintiff in a suit for specific performance of contract -- The said provision has been widely interpreted and held to be mandatory.
(Para 22(i))
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