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Shenbagam & Ors. vs. K. K. Rathinavel (SC)

46.00 4.60

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Specific Relief Act, 1963–Sec. 16–Scope–The foundation of a suit for specific performance lies in ascertaining whether the plaintiff has come to the Court with clean hands and has through his conduct demonstrated that he has always been willing to perform the contract–The trial Court failed to frame an issue as regard to readiness and willingness of the plaintiff–Held, trial Court viewed the legal issue in an incorrect lens.