H.P.PYAREJAN vs DASAPPA (DEAD) BY LRS. — C.A. No. 1501/2000

Summary: H.P. Pyarejan v. Dasappa (Dead) by L.Rs., C.A. No. 001501/2000 The Supreme Court allowed the appellant's appeal against the Karnataka High Court's judgment, setting aside the High Court's decision that had allowed the plaintiff's suit for specific performance. The Court found that the plaintiff failed to prove readiness and willingness to perform his contractual obligations as required under Section 16(c) of the Specific Relief Act, 1963—the trial and appellate courts had recorded this finding, which the High Court improperly upset without discussing evidence or assigning reasons. The Court emphasized that a plaintiff seeking specific performance must aver and prove continuous readiness and willingness from the contract date through trial, and the High Court exceeded its jurisdiction under Section 100 CPC by reappreciating facts without formulating substantial questions of law. This case analysis is maintained by casestatus.in based on publicly available court records.