C. In J.P. Builders v. A. Ramadas Rao

Shri. Jagannath S Shetty vs. The Additional Commissioner of Income Tax

The appeal is allowed

Bench: The Hon'Ble Mr. Justice H.P. Sandesh

…held that the agreement must be performed 34 within a reasonable time and time was not of the essence of the contract. 29. The counsel also relied upon the judgment in J.P. BUILDERS AND ANOTHER VS. A. RAMADAS RAO AND ANOTHER reported in (2011) 1 SCC 429 and brought to notice of this Court Para No.22, wherein the Apex Court has discussed with regard to readiness and willingness and in Para No.25 with regard to Section 16(c) of Specific Relief Act, 1963 which mandates “readiness and willingness”. The counsel also brought to notice of this Court Para No.26, wherein it is observed that “readine…

Principal Commissioner of Income Tax-2 vs. Gauya Santare

In the result, this Appeal Suit is dismissed

Bench: The Madurai Bench Of Madras High Court Reserved On : 13.11.2025 Pronounced On : 12.02.2026 Coram The Honourable Mr.Justice P.Vadamalai A.S(Md)No.2 Of 2018 K.V.R.Kannan, S/O.K.V.Raju Thevar, 1, Raj Bhavan, K.V.R.Garden, Via Samayalkudi Mariamman Koil, Theni Main Road, Madurai – 625 016. ...Appellant/Plaintiff Vs. G.Ramachandran (Died) Saradha, W/O.Muthuraman, Back Side To K.V.R.Garden, Kochadai, Madurai – 625 016. ...Respondent/Defendant

…ciples of law on the basis of which the readiness and willingness of the plaintiff in a suit for specific performance is to be judged finds an elaborate enumeration in a recent decision of this Court in J.P. Builders v. A.Ramadas Rao [(2011) 1 SCC 429: (2011) 1 SCC (Civ) 227]. In the said decision several earlier cases i.e. R.C. Chandiok v. Chuni Lal Sabharwal [(1970) 3 SCC 140], N.P. Thirugnanam v. R. Jagan Mohan Rao [(1995) 5 SCC 115] and P. D'Souza v. Shondrilo Naidu [(2004) 6 SCC 649] have been noticed. To sum up, no straitjacket 17/44 https://www.mhc.tn.gov.in/judis…

The Commissioner of Income Tax-II vs. M/s GVK Industries Limited

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

The Commissioner of Income Tax vs. Mr. Mohd. Khasim

The appeal is allowed in the aforegoing terms

Bench: S.SUJATHA,N.K.PATIL

…e his readiness and willingness to perform his part of the contract and the readiness and willingness has to be shown throughout and has to be established by the plaintiff….” [Emphasis supplied] C. In J.P. Builders v. A. Ramadas Rao, (2011) 1 SCC 429, it has been held as under:— “27. It is settled law that even in the absence of specific plea by the opposite party, it is the mandate of the statute that the plaintiff has to comply with Section 16(c) of the Specific Relief Act and when there is non-compliance with this statutory mandate, the court is not bound to grant specific performanc…

The Commissioner of Income Tax-V vs. The Armed Forces Officers Co.Op Housing Society Ltd

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH