Case Note & Summary
The appeal arose from a judgment of the Patna High Court which dismissed the appellants' suit for specific performance of a contract. The original suit was filed by Nunu Mahto, the husband of appellant No. 1, who passed away, leading to the substitution of his legal heirs as appellants. The High Court found that the plaintiff had not proved readiness and willingness to perform the contract, which was a requirement under Section 16(c) of the Specific Relief Act, 1963. The appellants contended that the High Court's findings were factually incorrect and legally flawed. The High Court had framed substantial questions of law regarding the absence of evidence on the plaintiffs' readiness and the maintainability of the decree passed by the lower appellate court. The court noted that specific averments regarding the plaintiff's readiness were made in the plaint and that evidence was provided by Nunu Mahto, who testified that he attempted to tender the consideration to the defendant. The High Court's reliance on the non-deposit of a sum of Rs. 1500 within a month was also found to be erroneous, as the deposit was made on time. The Supreme Court concluded that the High Court's judgment was indefensible and restored the decrees of the trial court and the first appellate court, allowing the appeal without costs.
Headnote
A) Specific Relief - Readiness and Willingness - Requirement of Evidence - Specific Relief Act, 1963, Section 16(c) - The High Court erred in concluding that the plaintiff did not prove readiness and willingness to perform the contract, as specific averments were made in the plaint and evidence was presented. The court held that the findings were contrary to the materials on record and directed restoration of the trial court's decree (Paras 1-2).
Issue of Consideration
Whether the appellants proved their readiness and willingness to perform their part of the contract.
Final Decision
The Supreme Court allowed the appeal, restored the decrees of the trial court and the first appellate court, and made no order as to costs.
Law Points
- Specific performance
- readiness and willingness
- evidence requirements
- Code of Civil Procedure
- 1908
- Specific Relief Act
- 1963
