Case Note & Summary
The present second appeal arises from a suit for specific performance of an agreement to sell agricultural land. The appellant (original defendant) challenged the concurrent judgments of the trial court and first appellate court decreeing the suit. The plaintiff-respondent claimed that the defendant agreed to sell land for Rs. 1,50,000 and received an advance of Rs. 1,20,000, but failed to execute the sale deed. The defendant denied the agreement and receipt of advance. The trial court decreed the suit, which was confirmed by the District Judge in appeal. In second appeal, the High Court framed a substantial question of law: whether the plaintiff proved his readiness and willingness to perform his part of the contract as required under Section 16(c) of the Specific Relief Act, 1963. The court examined the evidence and found that the plaintiff did not lead any evidence to show that he had the balance consideration ready or that he made any demand or took steps to perform his part. The court held that the concurrent findings were perverse and not based on proper appreciation of evidence. Consequently, the appeal was allowed, the judgments and decrees of the courts below were set aside, and the suit was dismissed.
Headnote
A) Specific Relief Act, 1963 - Section 16(c) - Readiness and Willingness - Burden of Proof - The plaintiff must prove continuous readiness and willingness to perform his part of the contract from the date of agreement till the decree. The court held that the plaintiff failed to adduce evidence of financial capacity or steps taken to perform, and thus the concurrent findings were perverse and liable to be set aside. (Paras 10-15) B) Civil Procedure Code, 1908 - Section 100 - Second Appeal - Substantial Question of Law - The High Court can interfere with concurrent findings if they are perverse or based on no evidence. The court framed a substantial question of law regarding the plaintiff's readiness and willingness and allowed the appeal. (Paras 5, 16)
Issue of Consideration
Whether the plaintiff proved his readiness and willingness to perform his part of the contract for specific performance of agreement to sell?
Final Decision
Appeal allowed. Judgments and decrees of the trial court and first appellate court are set aside. Suit for specific performance stands dismissed.
Law Points
- Specific performance
- Readiness and willingness
- Section 16(c) Specific Relief Act
- 1963
- Burden of proof
- Concurrent findings
- Substantial question of law
