Case Note & Summary
The dispute arose from a suit filed by the respondent for specific performance of a contract against the appellant, who was the unsuccessful defendant. The respondent had entered into agreements for the sale of property on two occasions, with the last date for execution being extended multiple times. After the appellant failed to execute the sale deed, the respondent filed the suit on 26.11.1987. The courts below decreed the suit for specific performance, leading to the appeal. The appellant contended that the respondent did not plead readiness and willingness as required under Section 16 of the Specific Relief Act. The Supreme Court examined the judgments of the lower courts and noted that the respondent had demonstrated continuous readiness and willingness through his conduct, including depositing the sale consideration and being present for registration. The court dismissed the appeal, affirming the lower courts' decisions, but also directed the respondent to compensate the appellant with Rs. 1 lakh for the delay, failing which the suit would be dismissed. The court emphasized that the appellant must execute the sale deed upon receipt of the compensation, ensuring peaceful possession of the property was handed over to the respondent.
Headnote
A) Specific Relief - Readiness and Willingness - Requirement for Specific Performance - Specific Relief Act, 1963, Section 16(c) - The court held that the plaintiff must aver readiness and willingness to perform the contract, which can be shown through conduct rather than strict phraseology. The plaintiff's continuous readiness was evident from his actions, including deposit of sale consideration and presence for registration, justifying the decree for specific performance (Paras 1-2).
Issue of Consideration
Whether the respondent demonstrated readiness and willingness to perform the contract for specific performance.
Final Decision
The Supreme Court dismissed the appeal, affirming the lower courts' decree for specific performance while directing the respondent to pay Rs. 1 lakh to the appellant within three months. If the amount was not paid, the suit would stand dismissed automatically. Upon payment, the appellant was to execute the sale deed and hand over possession of the property.
Law Points
- Specific performance
- readiness and willingness
- Section 16 Specific Relief Act
- 1963
- conduct of parties
- compensation for delay
