Case Note & Summary
The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed to sell a flat to her for a total consideration of Rs. 1,10,00,000. The plaintiff paid an advance of Rs. 11,00,000 and alleged that the defendants failed to execute the sale deed despite her readiness and willingness. The defendants denied the agreement and contended that the plaintiff was not ready and willing to perform. The court framed issues, including whether the plaintiff proved readiness and willingness. During trial, the plaintiff sought to amend the plaint to add averments regarding readiness and willingness, which was rejected. The court held that the plaintiff failed to plead and prove readiness and willingness as required under Section 16(c) of the Specific Relief Act, 1963. The suit was dismissed with costs. The court also noted that the amendment application was filed after evidence was closed and would cause prejudice. The suit was held to be within limitation as no date for performance was fixed and refusal occurred in 2021.
Headnote
A) Specific Relief Act, 1963 - Section 16(c) - Readiness and Willingness - Plaintiff must plead and prove continuous readiness and willingness to perform essential terms of contract - Failure to do so results in dismissal of suit for specific performance (Paras 14-20). B) Code of Civil Procedure, 1908 - Order VI Rule 17 - Amendment of Pleadings - Amendment sought after commencement of trial cannot be allowed if it causes prejudice to other side or introduces new case - Plaintiff's application for amendment was rightly rejected as it sought to introduce new facts after evidence was closed (Paras 21-25). C) Limitation Act, 1963 - Article 54 - Suit for specific performance must be filed within three years from date fixed for performance or from notice of refusal - Suit filed in 2022 for agreement of 2016 was within limitation as no date was fixed and refusal was in 2021 (Paras 26-28).
Issue of Consideration
Whether the plaintiff is entitled to a decree for specific performance of the Agreement for Sale dated 30th September 2016 and whether the plaintiff has proved readiness and willingness to perform her part of the contract.
Final Decision
Suit dismissed with costs. Plaintiff not entitled to specific performance.
Law Points
- Specific Performance
- Readiness and Willingness
- Amendment of Pleadings
- Order VI Rule 17 CPC
- Section 16(c) Specific Relief Act
- 1963
- Limitation Act
