Case Note & Summary
The dispute arose from a civil appeal concerning a contract for the sale of land between the heirs of Gurcharan Singh and the respondent. Gurcharan Singh had entered into an agreement to sell certain lands to the respondent, who paid part of the consideration. After Singh's death, the respondent filed a suit for specific performance, which was initially decreed but later remanded for reconsideration. The trial court denied specific performance, citing the respondent's failure to demonstrate readiness and willingness to perform the contract. The first appellate court disagreed, finding that the respondent's conduct indicated willingness despite amendments to the plaint regarding the land's khasra numbers. The High Court later framed substantial questions of law regarding the contract's validity and the respondent's readiness. The Supreme Court examined whether the change in khasra numbers negated the contract and whether the respondent had shown readiness and willingness. The court concluded that the identity of the land remained the same despite the amendments, allowing for specific performance while directing the respondent to pay an additional sum to the appellants. The court emphasized that readiness and willingness must be assessed in the context of the entire plaint and the conduct of the parties throughout the proceedings.
Headnote
A) Specific Relief - Readiness and Willingness - Requirement of Readiness and Willingness - Specific Relief Act, 1963, Section 16(c) - The court held that the plaintiff must not only aver but also establish readiness and willingness to perform his part of the contract. The court found that the plaintiff had made efforts to execute the sale deed and had deposited the balance amount, thus satisfying the requirement (Paras 20-21). B) Specific Relief - Amendment of Plaint - Change of Khasra Numbers - Specific Relief Act, 1963, Section 12 - The court determined that a change in khasra numbers does not necessarily negate the contract if the subject matter remains substantially the same. The court allowed for specific performance of the contract despite the amendments made (Paras 19-21). C) Discretionary Jurisdiction - Exercise of Discretion - Constitution of India, Article 136 - The court exercised its discretionary jurisdiction to allow the appeal in part, directing the plaintiff to pay an additional sum to the appellant while upholding the decree for specific performance (Paras 23-24).
Issue of Consideration
Whether the plaintiff was ready and willing to perform his part of the contract and if the change in khasra numbers negated the contract.
Final Decision
The Supreme Court allowed the appeal in part, directing the respondent to pay an additional sum of Rs. 30,000/- to the appellants while upholding the decree for specific performance of the contract concerning the original land, despite the amendments made.
Law Points
- Specific performance
- readiness and willingness
- amendment of plaint
- change of khasra numbers
- discretionary jurisdiction
