Case Note & Summary
The case involves two cross appeals arising from a suit for specific performance of contract. The plaintiff, Haji Begum, filed Regular Civil Suit No. 202/1981 seeking specific performance of an agreement to sell dated 14th April 1978 for a house in Nanded. The agreed sale price was Rs. 17,000, out of which the plaintiff paid Rs. 13,275 as earnest money and was put in possession of the suit property. The defendant, Jani Begum, refused to execute the sale deed despite the plaintiff's offer to pay the balance of Rs. 3,725. The plaintiff issued a notice on 4th February 1981 and subsequently filed the suit. The defendant denied the agreement and possession. The trial court decreed the suit in favor of the plaintiff, directing specific performance. The first appellate court partly allowed the appeal, modifying the decree to require the plaintiff to pay the balance amount within a specified period. Both parties appealed to the High Court. The High Court heard the appeals together. The court noted that the defendant's counsel was absent. The court upheld the trial court's decree for specific performance, finding that the plaintiff was ready and willing to perform her part of the contract. The court dismissed the defendant's appeal and allowed the plaintiff's appeal, restoring the trial court's decree with directions for execution of the sale deed upon payment of the balance amount.
Headnote
A) Specific Relief Act - Specific Performance of Contract - Agreement to Sell - Section 16(c) Specific Relief Act, 1963 - Readiness and Willingness - The plaintiff filed a suit for specific performance of an agreement to sell a house for Rs. 17,000, having paid Rs. 13,275 as earnest money and being put in possession. The defendant refused to execute the sale deed despite the plaintiff's offer to pay the balance. The court held that the plaintiff was ready and willing to perform her part and decreed specific performance. (Paras 3-4) B) Contract Law - Earnest Money - Agreement to Sell - Possession - The agreement to sell dated 14.04.1978 was executed, and the plaintiff was put in possession. The defendant received substantial earnest money. The court found that the plaintiff had performed her obligations and was entitled to specific performance. (Paras 3-4)
Issue of Consideration
Whether the plaintiff is entitled to specific performance of the agreement to sell dated 14th April, 1978, and whether the plaintiff was ready and willing to perform her part of the contract.
Final Decision
The High Court allowed Second Appeal No. 130/1988 filed by the plaintiff and dismissed Second Appeal No. 238/1989 filed by the defendant. The trial court's decree for specific performance was restored, directing the defendant to execute the sale deed upon payment of the balance amount of Rs. 3,725 by the plaintiff within a specified period.
Law Points
- Specific performance of contract
- Agreement to sell
- Earnest money
- Possession
- Readiness and willingness
- Section 16(c) Specific Relief Act
- 1963
