Case Note & Summary
The appeal arose from a judgment of the Karnataka High Court that allowed a second appeal for specific performance of a sale agreement. The plaintiff claimed to have entered into an agreement of sale on 22.08.1977, but only some defendants signed it. The plaintiff sought specific performance, asserting that all defendants should execute the sale deed. The defendants contended that they were coerced into signing the agreement and raised issues of collusion and undue delay. Both the Trial Court and the First Appellate Court dismissed the suit, finding no evidence of the plaintiff's readiness and willingness to perform the contract. The plaintiff appealed to the High Court, which framed questions regarding the lower courts' findings and ultimately allowed the appeal, stating that the plaintiff had shown readiness and willingness. The Supreme Court found that the High Court erred in its judgment, as it did not properly address the factual findings of the lower courts or formulate substantial questions of law. The Court emphasized that under Section 16(c) of the Specific Relief Act, the plaintiff must prove readiness and willingness, which the High Court failed to substantiate. The Supreme Court set aside the High Court's judgment and allowed the appeal without costs.
Headnote
A) Specific Relief - Readiness and Willingness - Requirement of Proof - Section 16(c) Specific Relief Act, 1963 - The plaintiff must not only plead but also prove readiness and willingness to perform the contract. The High Court's finding that the plaintiff fulfilled this requirement was flawed as it ignored the lower courts' factual findings and did not address the necessary proof. Held that the High Court's judgment was vulnerable and needed to be set aside (Paras 1-7).
Issue of Consideration
Whether the High Court erred in holding that there was specific pleading showing the readiness and willingness of the plaintiff to perform his part of the contract.
Final Decision
The Supreme Court set aside the judgment of the High Court, allowing the appeal without any order as to costs.
Law Points
- Specific performance
- readiness and willingness
- Section 16(c) Specific Relief Act
- 1963
- jurisdiction of High Court
- substantial questions of law
