Case Note & Summary
The dispute arose from a suit for specific performance of a property sale agreement initiated by Bachna against the legal representatives of a subsequent purchaser, Ram Awadh. The initial suit did not include a plea of readiness and willingness from Bachna, which was later introduced through an amendment. The first appellate court and the High Court upheld the view that the appellants could not contest Bachna's readiness and willingness based on a precedent set in Jugraj Singh's case. This precedent suggested that the plea of readiness and willingness was personal to the vendor and not applicable to subsequent purchasers. The Supreme Court examined Section 16(c) of the Specific Relief Act, which mandates that a plaintiff must prove readiness and willingness to perform the contract. The court noted that this obligation is not limited to the vendor but is available to any defendant to challenge the plaintiff's claim. The court found the interpretation in Jugraj Singh's case to be erroneous and remanded the suit back to the trial court for a determination of whether Bachna and her legal representatives had indeed proven their readiness and willingness to perform the contract. The court directed that the trial court should expedite the proceedings and conclude them within six months, with no order as to costs.
Headnote
A) Specific Relief - Readiness and Willingness - Requirement for Specific Performance - Specific Relief Act, 1963, Section 16(c) - The court held that the obligation to prove readiness and willingness to perform the contract lies with the plaintiff, and this requirement is applicable to all defendants in a suit for specific performance. The court found the previous interpretation limiting this plea to the vendor erroneous and remanded the case for determination of the plaintiff's readiness and willingness (Paras 1-3).
Issue of Consideration
Whether the plaintiff and her legal representatives were ready and willing to perform their part of the agreement for sale.
Final Decision
The Supreme Court remanded the suit to the trial court for determination of whether Bachna and her legal representatives had proven their readiness and willingness to perform the agreement. The court directed that the trial court should expedite the proceedings and conclude them within six months.
Law Points
- Specific performance
- readiness and willingness
- legal representatives
- Section 16(c) Specific Relief Act
- 1963
