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Sukhwinder Singh vs. Jagroop Singh & Anr. – (SC)

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Specific Relief Act, 1963–Sec. 16–Readyness and willingness of plaintiff–It was required to be proved by the plaintiff even if there was no defence put forth by defendant–Evidence of readyness and willingness with regard to the resources to pay the balance sale consideration is insufficient–Plaintiff
was not entitled to a decree of specific performance–Therefore, declaration of sale deed executed by defendant no. 1 in favour of defendant no. 2 as null and void did not arise–Judgment and decree upto extent of granting the relief of specific performance is liable to be set aside.