VidhiSangh

Supreme Court of India · 07/01/2019

KAMAL KUMAR versus PREMLATA JOSHI & ORS.

[2019] 1 S.C.R. 54 · 2019 INSC 16

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Summary

The Supreme Court declined to disturb concurrent dismissal of a suit for specific performance. The courts below had found that the plaintiff failed to establish readiness and willingness and that the earnest money was adjustable under the parties’ agreement. No material perversity or illegality justified reappreciation of evidence under Article 136. The appeal was dismissed.

Issues

  1. Whether concurrent findings on readiness and willingness warranted interference.
  2. What matters required pleading and proof for specific performance under the statutory framework applied to the dispute.

Provisions considered

Held

Result

Appeal dismissed; concurrent refusal of specific performance and earnest-money refund upheld.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 54.