Krishan Gopal vs Gurmeet Kaur (D) 2025 INSC 850 - Ss. 16,22 -Specific Relief Act - Readiness and Willingness - Escalation Of Land Prices
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Specific Relief Act 1963 - Section 16 - To prove his readiness and willingness, a purchaser need not necessarily produce the money or carry it with him or vouch a concluded scheme of finance- Readiness and willingness is to be inferred from the conduct of the parties -mere escalation of land prices would not be a reason, by itself, to deny the equitable relief of specific performance once sufficient grounds are made out for granting such relief (Para 18)
Specific Relief Act 1963 - Section 22 - Court’s power to grant the reliefs of possession, partition, refund of earnest money, etc., while dealing with specific performance of contracts- In appropriate cases of specific performance of contracts of sale of immovable property, the Court can order delivery of possession of the property even if it has not been specifically asked for. It was observed that an order for delivery of possession without a corresponding amendment in the plaint would only be a mere omission which would not be fatal to the relief of possession under Section 22 and more so, when the order is being made in furtherance of the cause of justice. (Para 17)
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