AIR 2008 SUPREME COURT 2019 ::2008 AIR SCW 2669 ::(2008) 2 CLR 272 (SC) ::(2008) 3 All RentCas 209 ::(2008) 3 CivilCourtC 176 ::2008 (14) SCC 735 ::(2008) 4 Scale 695 ::(2008) 6 AllMR 16 (SC) ::2008 (2) Cal HN 208 ::2008 (2) All WC 2114 ::(2008) 72 All LR 155 ::2008 (4) MadLW 111 ::(2008) 65 AllIndCas 90 (SC) ::2008 (65) AllIndCas 90 ::2008 (5) SRJ 33

Supreme Court Of India

(From : 2006 (3) Pun LR 431)

Hon'ble Judge(s): Satya Brata Sinha, V. S. Sirpurkar , JJ

(A) Specific Relief Act (47 of 1963) , S.12, S.16— Specific performance of part of contract - Agreement to sell land - Suit for specific performance - Plaint subsequently amended to change description of suit property - Despite amendment substantial portion of suit land remained same - Decree for specific performance can be granted as regards part of suit property - Additional averment/proof of readiness, willingness - Not necessary since substantial parts of suit property remained same. (Para 19) (B) Specific Relief Act (47 of 1963) , S.16(c)— Suit for specific performance - Readiness and willingness of plaintiff - Agreement to sell land - Plaintiff paying part of sale consideration on execution of agreement - Averment in plaint that he had gone to Registration Office for getting sale deed executed and registered but vendor did not turn up - Balance consideration deposited on date of filing of suit - Readiness and willingness of plantiff stands proved. (Para 20) .....