SC:Defendant’s breach solely not enough for seeking specific performance

The Hon’ble Supreme Court of India, on 12thSeptember 2019, in the matter of Bhavyanath represented by Power Of Attorney Holder v. K.V. BALAN (Dead) through Lrs. pronounced that it does not suffice for the plaintiff in a suit for specific performance to establish that the defendant was in breach to seek a decree for specific relief. The plaintiff must further establish, if it is contested that he was ready and willing from the date of the contract to perform his obligations.

The Hon’ble Supreme Court observed that:

It does not suffice for the plaintiff in a suit for specific performance to establish that the defendant was in breach to seek a decree for specific relief. The plaintiff must further establish, if it is contested that he was ready and willing from the date of the contract to perform his obligations. (Para 19)

In a contract, a contract usually embodies mutual obligations. The order of performance of obligations by the parties to the contract would have an impact on the aspect relating to readiness and willingness undoubtedly. (Para 20) 

Copy  of judgement: Judgement_12-Sep-2019

-Adv. Tushar Kaushik

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