Case Note & Summary
The dispute arose from an agreement to sell land between the appellant and respondent, with the appellant seeking specific performance after the respondent failed to execute the sale deed. The appellant entered into two agreements on 5.1.1980 and 16.3.1980, paying Rs.8,000 on execution. The respondent admitted the agreement but claimed breach due to non-payment of the balance amount. The Trial Court ruled in favor of the appellant, allowing her to deposit the balance amount and directing the respondent to execute the sale deed. The respondent's appeal was dismissed, but the High Court later set aside the Trial Court's findings, leading to this Supreme Court appeal. The Supreme Court found that the High Court improperly disturbed the concurrent findings of fact regarding the appellant's readiness and willingness to perform her part of the contract. The Court emphasized that the question posed by the High Court was a factual one, not a substantial question of law as required under Section 100 of the Code of Civil Procedure. The Court reiterated that even if time was not of the essence, the appellant was required to act within a reasonable time, which she did. The Supreme Court restored the Trial Court's decree, allowing the appellant's claim for specific performance.
Headnote
A) Contract Law - Specific Performance - Readiness and Willingness - Code of Civil Procedure, 1908, Section 100 - The High Court's finding that the appellant-plaintiff failed to prove readiness and willingness was erroneous as both lower courts found in her favor. The Supreme Court held that the concurrent findings of fact should not have been disturbed by the High Court, restoring the decree for specific performance (Paras 1-5).
Issue of Consideration
Whether the appellant-plaintiff established readiness and willingness to perform her part of the contract.
Final Decision
The Supreme Court allowed the appeal, restoring the judgments of the Trial Court and the First Appellate Court, decreeing the suit of the appellant-plaintiff against the respondent-defendant.
Law Points
- Specific performance
- readiness and willingness
- substantial question of law
- reasonable time
- Code of Civil Procedure
- 1908
- Section 100
