Specific Relief Act 1963, S. 16 – ‘ready and willing' – Non framing of issue – All the three courts, including the High Court, grossly erred in the manner in which they have adjudicated upon this dispute in a suit for specific performance – Trial court failed to frame an issue on whether the respondent-plaintiff was ready and willing to perform his obligations under the contract and instead assessed whether he is entitled to the relief of specific performance – In doing so, the trial court viewed the legal issue from an incorrect lens.
read HERE (2022-1)205 PLR 335 (SC), 2022 SCeJ 0137
read HERE SHENBAGAM v. KK RATHINAVEL, (2022-1)205 PLR 335 (SC), 2022 SCeJ 0137
