AIR 2000 SUPREME COURT 191 ::1999 AIR SCW 4283 ::1999 (7) SCC 703 ::1999 (4) RecCivR 597 ::(1999) 6 Scale 350 ::1999 (4) ICC 429 ::2000 (2) MadLW 207 ::(2000) 1 LandLR 102 ::2000 (3) LRI 123 ::1999 (8) Supreme 430 ::1999 (10) SRJ 113 ::(1999) 8 JT 34 (SC) ::1999 (8) JT 34

Supreme Court Of India

(From : Jammu and Kashmir)*

Hon'ble Judge(s): D. P. Wadhwa, M. B. Shah , JJ

(A) Jammu and Kashmir Specific Relief Act (37 of 1977 Smvt.) , S.20— Specific performance of contract - Decree for - Clause in contract providing that in case of violation of terms and conditions of agreement, plaintiff is entitled to recover damages - It is a penalty clause only for purpose of securing performance of contract - And, not for purpose of giving an opinion of paying money in lieu of specific performance - Decree can be granted. Specific Relief Act (47 of 1963) , S.23— (Para 6 7) (B) Specific Relief Act (47 of 1963) , S.20— Readiness and willingness - Can be inferred from evidence led by parties - Written statement filed by defendant showing that sale deed could not be executed because other defendants were not prepared to execute same - Delay not being on part of plaintiff, equitable relief cannot be denied - Plaintiff deposing that he is ready and willing to perform contract - Notice served on defendant for execution of sale deed - Plaintiff ready to purchase suit land within stipulated time and was ready to pay sale consideration - Defendants not showing readiness and willingness to perform their part of contract - Nor called upon plaintiff to get sale deed executed - There is no unwillingness on part of plaintiff to perform his part of ....