Case Note & Summary
The case involves a First Appeal filed by the original defendants against the decree of specific performance of an agreement to sell dated 15.04.2004. The plaintiff-respondent claimed that the defendants agreed to sell a property for Rs. 1,50,000 and received an advance of Rs. 50,000. The plaintiff alleged that despite repeated requests, the defendants did not execute the sale deed. The trial court decreed the suit. The High Court reversed the decree, holding that the plaintiff failed to prove his readiness and willingness to perform the contract. The court noted that the plaintiff did not deposit the balance consideration in court or show financial capacity. The appeal was allowed and the suit was dismissed.
Headnote
A) Specific Relief Act - Specific Performance - Readiness and Willingness - Section 16(c) Specific Relief Act, 1963 - The plaintiff must prove continuous readiness and willingness to perform his part of the contract from the date of agreement till the decree. Mere filing of suit is not sufficient. The court must examine the conduct of the plaintiff and his financial capacity. (Paras 10-15) B) Evidence Act - Burden of Proof - Onus on Plaintiff - Section 101 Evidence Act, 1872 - The burden to prove readiness and willingness lies on the plaintiff. In the absence of evidence of financial capacity or deposit of balance consideration, the plaintiff fails to discharge the burden. (Paras 12-14) C) Contract Act - Agreement to Sell - Time is not Essence - However, plaintiff must still show readiness. Even if time is not of essence, the plaintiff must demonstrate that he was prepared to perform. (Para 11)
Issue of Consideration
Whether the plaintiff was ready and willing to perform his part of the contract for specific performance of an agreement to sell immovable property.
Final Decision
Appeal allowed. Decree of trial court set aside. Suit for specific performance dismissed.
Law Points
- Specific performance
- readiness and willingness
- burden of proof
- agreement to sell
- Section 16(c) Specific Relief Act
- 1963
