Supreme Court lists requirements for specific performance of suit


The Supreme Court in a recent judgment laid down requirements for the parties in their respective pleadings, and proof with evidence in accordance with law for the specific performance of a suit.

In Kamal Kumar v Premlata Joshi & Ors, the appellant filed a civil suit against the respondents claiming specific performance of their contract in relation to the suit property, which was contested by the latter. By judgment/decree, the trial court dismissed the suit. The appellant felt aggrieved and filed first appeal before the high court. The high court dismissed the appeal and affirmed the trial court’s judgment and decree, which led to the filing of the present appeal by way of special leave before the Supreme Court.

While allowing the appeal, the Supreme Court held that the concurrent findings of facts recorded by the two courts below on all the material issues are binding on it. These findings are neither against the pleadings nor the evidence and nor any principle of law. These findings are also not shown to be perverse to the extent that no judicial officer could can ever record such findings. The issue of readiness and willingness is the most important issue for considering the grant of specific performance of the contract.

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