Case Note & Summary
The plaintiff (respondent in the second appeal) filed Regular Civil Suit No. 37/1994 for specific performance of an agreement to sell agricultural land (Field S. No. 53/1, admeasuring 2 acres 2 gunthas, at Belkhed, Risod Taluqa, Washim District). The agreement was evidenced by an 'Isaarchitthi' (earnest money receipt) dated 27.2.1991, under which the defendant (appellant) received Rs. 17,000 as earnest money, with the balance consideration to be paid at the time of execution of the sale deed on or before 6.5.1991. The plaintiff claimed he was ready and willing to perform his part, but the defendant avoided execution. The plaintiff was present at the Sub-Registrar's office on 6.5.1991, but the defendant remained absent. The plaintiff also sent a notice dated 14.2.1991 (though the date appears inconsistent with the agreement date) calling upon the defendant to perform. The defendant resisted the suit, alleging that the transaction was not a sale but a loan, and that the plaintiff took advantage of the document to file a false suit. The trial court dismissed the suit, holding that the plaintiff failed to prove the agreement. The first appellate court (Additional District Judge, Washim) in Regular Civil Appeal No. 78/1997 decided on 14.7.1998, confirmed the dismissal. The defendant then filed this second appeal. The High Court framed a substantial question of law: whether the courts below erred in holding that the plaintiff failed to prove the agreement and his readiness and willingness. The High Court analyzed the evidence, noting that the Isaarchitthi was produced and proved, and the plaintiff's testimony was consistent. The defendant's plea of loan was not supported by any evidence. The court held that the plaintiff had proved the agreement and his readiness and willingness, as he was present at the Sub-Registrar's office on the stipulated date and issued a notice. The courts below had misappreciated the evidence and applied an incorrect standard of proof. The High Court allowed the second appeal, set aside the judgments of the courts below, and decreed the suit for specific performance of the contract. The defendant was directed to execute the sale deed within three months, failing which the plaintiff could get it executed through court. The plaintiff was directed to deposit the balance consideration within one month.
Headnote
A) Specific Relief Act - Specific Performance - Agreement to Sell - Isaarchitthi - The plaintiff sought specific performance of an agreement to sell agricultural land evidenced by an Isaarchitthi (earnest money receipt). The trial court and first appellate court dismissed the suit holding that the plaintiff failed to prove the agreement. The High Court reversed, holding that the Isaarchitthi, coupled with the plaintiff's testimony and notice, sufficiently proved the agreement and the plaintiff's readiness and willingness. (Paras 2-10) B) Specific Relief Act - Readiness and Willingness - Section 16(c) - The plaintiff's presence at the Sub-Registrar's office on the stipulated date and issuance of notice to the defendant demonstrated continuous readiness and willingness. The courts below erred in requiring the plaintiff to prove availability of funds beyond his own testimony. (Paras 6-9) C) Evidence Act - Burden of Proof - The defendant's plea that the transaction was a loan was not supported by any evidence. The burden to prove the agreement was on the plaintiff, which he discharged by producing the Isaarchitthi and his testimony. (Paras 3-5)
Issue of Consideration
Whether the plaintiff proved the agreement to sell dated 27.2.1991 and his readiness and willingness to perform his part of the contract, entitling him to specific performance.
Final Decision
Second appeal allowed. Judgments and decrees of the trial court and first appellate court set aside. Suit for specific performance decreed. Defendant directed to execute sale deed within three months, failing which plaintiff may get it executed through court. Plaintiff to deposit balance consideration within one month.
Law Points
- Specific performance
- agreement to sell
- Isaarchitthi
- readiness and willingness
- burden of proof
- Section 16(c) Specific Relief Act
- 1963
- Section 20 Specific Relief Act
